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Wednesday 14 December 2022
Sacramento County Man Sentenced to 5 Years in Prison and Fined $25,000 for Conspiring to Manufacture and Traffic MarijuanaRead the Press Release
SACRAMENTO, Calif. — Fidel Gomez Garcia Jr., 46, of Walnut Grove, was sentenced Tuesday to five years in prison and fined $25,000 for conspiracy to manufacture and distribute marijuana, U.S. Attorney Phillip A. Talbert announced. He also forfeited more than $600,000 in assets and U.S. currency involved in or traced to the illegal conspiracy.
According to court documents, Gomez Garcia owned at least five properties in San Joaquin County that he knowingly rented to others for the purpose of growing marijuana. Upon execution of a search warrant at Gomez Garcia’s residence in Acampo, agents found more than 100 pounds of processed marijuana packaged for sale, two firearms, diamond jewelry, more than $36,000 in cash, and multiple new high-end luxury vehicles, including a corvette with the vanity license place “Boss.”
This case was the product of an investigation by the Drug Enforcement Administration and the San Joaquin County Metro Task Force. Assistant U.S. Attorney Cameron Desmond prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Roswell man charged with sex trafficking of childrenRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Juan Rodriguez was charged by criminal complaint with sex trafficking of children. Rodriguez, 38, of Roswell, New Mexico, will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, the investigation of Rodriguez began on Nov. 18 when law enforcement officers in Chavez County, New Mexico, responded to a reported sexual assault involving a 12-year-old victim, identified as Jane Doe 1. Rodriguez allegedly had paid money to Jane Doe 1 in exchange for engaging in sexual activity on three occasions, beginning in September.
Rodriguez allegedly first contacted Jane Doe 2 via Snapchat two or three years earlier, when she was 10 or 11 years old. Rodriguez learned of Jane Doe 2’s address and parked outside her residence. Rodriguez allegedly gave $90 to Jane Doe 2 and another victim, identified as Jane Doe 3, for sexual activity.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rodriguez faces a minimum of 15 years and up to life in prison.
The FBI’s Albuquerque Division Child Exploitation and Human Trafficking Task Force investigated this case with assistance from the Roswell Police Department. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Repeat Felon on Supervised Release Sentenced to 5 Years in Federal Prison After Throwing AR-Style Pistol out the Window During High-Speed ChaseRead the Press Release
INDIANAPOLIS -Alonzo Smith, 26, of Indianapolis, was sentenced to 5 years in federal prison after pleading guilty to being a felon in possession of a firearm.
According to court documents, on April 13, 2021, Alonzo Smith was identified by Indianapolis Metropolitan Police Department (IMPD) officers as a suspect in a shots fired incident that occurred on March 27, 2021. That incident involved multiple individuals, including Smith, firing approximately 100 gunshots outside of an Indianapolis business. One of the fired rounds struck a fully marked IMPD vehicle as it was passing by.
Also on April 13, 2021, IMPD detectives located Smith near his Indianapolis residence. Detectives observed Smith leave the residence and drive northbound in a blue Chevy Malibu. Smith parked, then entered a silver Chevy Monte Carlo located on the street near 2249 North Arsenal Avenue. He drove northbound, approaching East 25th Street, where officers initiated a traffic stop at the intersection of East 25th Street and Brouse Avenue. After initially pulling over, Smith made a U-turn and fled westbound. Officers pursued Smith, who reached speeds of nearly 80 miles per hour on city streets. During the pursuit, Smith threw an AR-style pistol out the window of the car.
Officers lost sight of Smith, but later observed him driving north on Meridian Street. An officer reinitiated the pursuit but was involved in a serious accident at that intersection of Meridian and 20th Street. The officer sustained a broken nose, jaw, and orbital bone, lost four teeth, and needed multiple surgeries.
Smith was taken into custody approximately one week later. At the time of his arrest, Smith was on federal supervised release after serving a 40 month prison sentence following a prior federal conviction for possessing a firearm as a previously convicted felon.
“This defendant chose to continue illegally arming himself and endangered the lives of civilians and law enforcement officers in his reckless flight from the police,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “Repeat armed criminals drive the violence on our streets and putting them in prison makes our communities safer. The U.S. Attorney’s Office will continue to work closely with our federal, state, and local law enforcement partners to hold these offenders accountable.”
“Working together with our law enforcement partners is the most effective way to make our communities safer and this sentence demonstrates that collaboration as a violent offender is now off the streets and behind bars where he can no longer imperil the lives of innocent people,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton.
The case was investigated by the Federal Bureau of Investigation (FBI) with the assistance of IMPD. The sentence was imposed by U.S. District Judge James P. Hanlon. In addition to 4 years imprisonment on these charges, Judge Hanlon sentenced Smith to 1 year imprisonment for violating the terms of his federal probation, that will run consecutively with his new sentence. Judge Hanlon also ordered that Smith be supervised by the U.S. Probation Office for 3 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey L. Massa, who prosecuted this case.
Red Water Man Enters a Guilty Plea to Assault on a Federal OfficerRead the Press Release
Jackson, Miss. – A Red Water man pleaded guilty to assaulting a federal officer, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Errol John, II, 22, assaulted a tribal police officer who was responding to a domestic disturbance at John’s home. Court documents revealed John assaulted the officer by firing a shotgun in the officer’s direction, resulting in a shotgun blast striking the windshield of the officer’s patrol car. Fortunately, the officer was unharmed.
John is scheduled to be sentenced on March 13, 2023. He faces a maximum penalty of twenty years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Choctaw Police Department and the Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorney Kevin J. Payne prosecuted the case.
Poughkeepsie Street Gang Member Sentenced to 25 Years in Prison for 2012 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that DIMETRI MOSELEY was sentenced today to 25 years in prison for his participation in the activities of a Poughkeepsie street gang, including the 2012 murder of Caval Haylett and the distribution of heroin. MOSELEY had previously pled guilty to participation in racketeering and narcotics distribution conspiracies and had admitted that he was one of two shooters involved in Haylett’s murder. U.S. District Judge Nelson S. Román, imposed today’s sentence.
MOSELEY was one of 31 members and associates of two rival street gangs who were charged in two separate cases – United States v. Ronald Johnson et al., 17 Cr. 505 (VB) and United States v. Douglas Owen et al., 17 Cr. 506 (NSR) – with racketeering conspiracy, narcotics conspiracy, and firearms offenses. All 31 of those defendants, who were members and associates of two gangs referred to as “Uptown,” and “Downtown,” have now pled guilty to federal charges and been sentenced.
U.S. Attorney Damian Williams said: “This case demonstrates our commitment to dismantling violent gangs who threaten our New York neighborhoods through drug trafficking and the guns and physical violence that often accompanies it. I applaud the extensive effort of our law enforcements partners to rid our streets of these dangers and bring these defendants to justice.”
According to the allegations in the charging documents and statements made in court filings and during court proceedings:
The FBI’s Hudson Valley Safe Streets Task Force, the City of Poughkeepsie Police Department, and the Dutchess County Special Narcotics Unit conducted a joint investigation into the gang war between Uptown and Downtown, which led to multiple fatal and non-fatal shootings between 2012 and 2017 in the City of Poughkeepsie.
Uptown is a criminal organization whose members referred to themselves by, and were known by, several different names. Those names include the “Spready Gang,” the “400 Savages,” the “Boogotti Boys,” the “Young Bosses” or “YB’s,” and the “Mob Stars.” Uptown gang members referred to themselves by different combinations of these names, all of which referred to the same criminal enterprise: the Uptown street gang. Uptown is based within the eastern portion of Poughkeepsie, from east of Hamilton Street to the city line and, more specifically, within the Hudson Gardens housing development (commonly referred to as the “Bricks”). Uptown gang members and associates control the narcotics trade within the Bricks, distributing heroin, crack cocaine, and marijuana, primarily. Uptown gang members stored shared guns in various locations known to gang members to protect the narcotics business, to protect each other from rival gangs, and to strike against rival gangs. The case of United States v. Douglas Owens et al. charged 13 members and associates of Uptown, including its leaders: DOUGLAS OWENS, a/k/a “Born Truth,” and JIHAD WILLIAMS, a/k/a “Goodie.”
Downtown, like Uptown, is the name of a large-scale criminal organization that went by many different names. Those names include the “420 Boys,” “L-Block,” “Most Hated,” “Mobile Mafia,” “Hamo Gang,” the “Young Gunnas,” or “YG’s,” the “C-Eazy Gang,” and the “Bully Hard Hunna” faction of the Bloods street gang. Despite the existence of several different names, each one referred to the same criminal enterprise: the Downtown street gang. Downtown’s base of operations was located in the western portion of Poughkeepsie, from west of Hamilton Street to the Hudson River and, particularly, within the Martin Luther King and Rip Van Winkle housing developments (commonly referred to as the “Ville” and “Rip,” respectively). Downtown gang members and associates controlled the narcotics trade within the Ville, Rip, and the surrounding area, also distributing resale amounts of heroin, crack cocaine, and marijuana, primarily. Downtown gang members also stored their shared firearms in different locations known to members and associates. This allowed Downtown gang members to arm themselves quickly when confronted by rivals and to protect each other and their narcotics business. The case of United States v. Ronald Johnson et al. charged 18 members and associates of Downtown, including its leaders: RONALD JOHNSON, a/k/a “Top Gun,” and CARLOS OCASIO, a/k/a “Leak,” a/k/a “Pimp.”
In addition to countless non-fatal acts of violence against rival gang members and innocent victims, the rivalry between Uptown and Downtown has led to the following murders, among others:
- The murder of Downtown gang member Daquell LeBlanc, a/k/a “Hamo,” who was killed by a single gunshot wound to the chest at the age of 16 in the vicinity of Main Street, between Academy and North Hamilton Streets on or about December 23, 2012; and
- The murder of Caval Haylett, an innocent bystander and local high school basketball star, who was killed by a single gunshot wound to the head at the age of 18 while attending a barbeque in the vicinity of Winnikee Avenue and Harrison Street on or about March 9, 2016.
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All 31 of the charged defendants have pled guilty and been sentenced, as set forth below. Charts identifying each defendant, the charges of conviction, and the sentences imposed are below.
Mr. Williams praised the outstanding work of the FBI’s Hudson Valley Safe Streets Task Force, the City of Poughkeepsie Police Department, the Dutchess County Sheriff’s Office, the Dutchess County Drug Task Force, and the Dutchess County District Attorney’s Office.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Christopher J. Clore, Maurene Comey, and Emily Deininger are in charge of the prosecution.
United States v. Douglas Owens et al., 17 Cr. 406 (NSR)
DEFENDANT
CHARGE OF CONVICTION
SENTENCE
DOUGLAS OWENS
Racketeering Conspiracy
90 Months
JIHAD WILLIAMS
Racketeering Conspiracy
180 Months
NICHOLAS HARRIS
Racketeering Conspiracy, Conspiracy to Distribute Heroin
240 Months
DIMETRI MOSELEY
Racketeering Conspiracy, Conspiracy to Distribute Heroin
300 Months
JAHQUEZ HILL
Racketeering Conspiracy, Conspiracy to Distribute Crack Cocaine
240 Months
MARKEL GREEN
Racketeering Conspiracy, Conspiracy to Possess a Stolen Firearm
240 Months
RAHEIM MILLER
Racketeering Conspiracy, Conspiracy to Possess a Stolen Firearm
216 Months
CHRISTIAN BLADES
Racketeering Conspiracy
98 Months
ASHANTI BUNN
Racketeering Conspiracy
114 Months
RAYSHAWN CASANOVA
Possession of a Firearm in Furtherance of a Crime of Violence
60 Months
TREQUON DANCY
Racketeering Conspiracy
27 Months
RASHMI RUPARELIA
Conspiracy to Distribute Crack Cocaine, Possession of a Firearm in Furtherance of Narcotics Trafficking
75 Months
United States v. Ronald Johnson et al., 17 Cr. 505 (VB)
DEFENDANT
CHARGE OF CONVICTION
PRISON SENTENCE
RONALD JOHNSON
Racketeering Conspiracy
82 Months*
SAVON BAGBY
Racketeering Conspiracy
50 Months
NATQUAN CATTS
Racketeering Conspiracy
48 Months
JAHQUEZ COLEMAN
Racketeering Conspiracy
21 Months*
WALTER COLEMAN
Racketeering Conspiracy
30 Months*
CHEVEZ DERELLO
Racketeering Conspiracy
52 Months
LEONARD DERELLO
Racketeering Conspiracy
30 Months*
TYRECK DOUGLAS
Racketeering Conspiracy, Possession of a Firearm in Furtherance of a Crime of Violence
92 Months*
ERVING FERZAN
Racketeering Conspiracy
46 Months*
RAKEE JOHNSON
Conspiracy to Distribute Heroin
42 Months
GLORIOUS LANDRUM
Conspiracy to Distribute Heroin
45 Months
COREY LATIMER
Racketeering Conspiracy, other violations
Time Served
ANTOINNE MCKINNON
Racketeering Conspiracy, Conspiracy to Distribute Marijuana
Time Served
WAYNE MORGAN
Racketeering Conspiracy
Time Served
CARLOS OCASIO
Conspiracy to Distribute Heroin
120 Months
GORDON RIDDICK
Possession of a Firearm in Furtherance of Narcotics Trafficking
60 Months
KEENAN WATTS
Racketeering Conspiracy
24 Months
KWAMENE WILLIAMS
Conspiracy to Distribute Heroin
40 Months
*Sentence included a downward adjustment to account for a prison term served, or being served, on related state charges.
Portland Man Sentenced to Federal Prison for Stealing Covid Relief Funds While on Post-Prison SupervisionRead the Press Release
PORTLAND, Ore.—A Portland man was sentenced to federal prison today for fraudulently applying for and receiving Covid relief program funds for a fictitious business entity just five months after finishing a 70-month state prison sentence for armed robbery.
Dimitrius Nicholai Pryce, 43, was sentenced to eight months in federal prison and three years’ supervised release. He was also ordered to pay $24,900 in restitution to the U.S. Small Business Administration (SBA).
According to court documents, in February 2020, Pryce was released from state custody after serving a 70-month prison sentenced for armed robbery. A few months later, in early July 2020, he submitted a fraudulent Economic Impact Disaster Loan (EIDL) application, claiming he ran an “entertainment venue” that generated $53,000 in revenue in the twelve months prior to the Covid-19 pandemic. In the application, Pryce also falsely denied having been on “any form of parole or probation” after a felony conviction within the previous five years.
Pryce’s false representations caused the SBA to approve and disburse to him nearly $25,000 in EIDL funds. Pryce withdrew $21,000 of the funds in cash the same day he received it and spent the entire sum within three months. In January 2021, Pryce submitted three more fraudulent EIDL applications, pretending to be in the construction trades, but was denied on all three.
On February 8, 2022, a federal grand jury in Portland returned an indictment charging Pryce with one count of wire fraud. On October 12, 2022, he pleaded guilty to the single charge.
This case was investigated by the U.S. Treasury Inspector General for Tax Administration (TIGTA), the SBA Office of Inspector General, and the FBI. It was prosecuted by Ryan W. Bounds, Assistant U.S. Attorney for the District of Oregon.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Political Organizer Sentenced to Prison for Fraudulently Obtaining More Than $800,000 in COVID-19 Relief FundsRead the Press Release
MIAMI – Sean Pierre Jackson, 33, of Palm Beach County, Fla., was sentenced today to 36 months in prison and three years of supervised release by U.S. District Judge Robin L. Rosenberg for fraudulently obtaining more than $800,000 in forgivable Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) loans. These loans are guaranteed by the Small Business Administration under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
On August 11, 2022, Jackson pled guilty to wire fraud. He was the principal and registered agent of Clutch Strategies LLC, SP Jackson Family Foundation Inc, and Black Republican Caucus of Florida Foundation Inc—all purported businesses located in Boca Raton, Fla.
Between March 30, 2020, through approximately May 10, 2021, Jackson submitted PPP and EIDL loan applications on behalf of himself—as sole proprietor—and his aforementioned companies. In total, the loan applications sought more than $839,000 in PPP and EIDL loan funds.
Jackson falsely stated his prior-year income and expenses in the PPP and EIDL loan applications. In support of the applications, he submitted false and fraudulent Internal Revenue Service forms, which documented income and expenses from his business and sole proprietorship.
Jackson submitted one such fraudulent PPP loan application on June 28, 2020, on behalf of Black Republican Caucus of Florida. A short time later a Black Republican Caucus of Florida bank account, controlled by Jackson, received a $150,325 PPP loan that was intended to pay a lease, mortgage interest, utilities, and payroll checks. Instead, the loan was used to pay for transactions at high-end retail stores, furniture stores, restaurants, car rentals, luxury hotels, airline tickets, and bank withdrawals.
Approximately 11 of the fraudulent PPP and EIDL loan applications were processed but some of the received funds were recovered by banks and lenders shortly after disbursement.
In addition to the prison sentence, Jackson also was ordered to pay $661,986 in restitution.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and acting Special Agent in Charge Robert M. Dewitt, Federal Bureau of Investigation, Miami Field Office, made the announcement.
FBI, West Palm Beach Field Office, investigated the case. Assistant U.S. Attorneys Sarah J. Schall and James A. Weinkle prosecuted it. Raemy Charest-Turken is handling asset forfeiture.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please click here.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-CR-80082.
Physician and Office Manager Agree to Pay over $420,000 to Settle Kickback Allegations Involving New Jersey, Texas and South Carolina LaboratoriesRead the Press Release
Vijesh Patel, M.D. and his office manager and wife Laju Patel, both of Port Neches, Texas, have agreed to pay $422,789 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing, and both have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
“Kickbacks can undermine a physician’s medical judgment, result in unnecessary testing, and increase health care costs borne by taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue physicians, laboratories, and others responsible for schemes that violate rules intended to safeguard the integrity of federal health care programs.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Dr. and Mrs. Patel received kickbacks in violation of the Anti-Kickback Statute in return for Dr. Patel’s referrals to three laboratories:
- Texas Laboratory. From December 2016 to July 2018, Dr. Patel allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Indus MG LLC (Indus) in return for ordering laboratory tests from True Health Diagnostics LLC (True Health), a clinical laboratory in Frisco, Texas. The Indus MSO’s payments to Dr. Patel allegedly were disguised as investment returns but in fact were based on, and offered in exchange for, his referrals to True Health.
- New Jersey Laboratory. From August 2018 to August 2021, Dr. Patel allegedly received thousands of dollars in kickbacks disguised as investment returns from a purported MSO named Avior Group LLC (Avior) in return for ordering laboratory tests from RDx Bioscience, Inc. (RDx), a clinical laboratory in Kenilworth, New Jersey. RDx allegedly funded remuneration to Dr. Patel in the form of volume-based commissions paid to an independent contractor recruiter, Corum Group LLC, which used an associated company, Avior, to pay kickbacks to Dr. Patel and other physicians in return for their referrals. In addition, from December 2018 to August 2022, Mrs. Patel allegedly received kickbacks from RDx in the form of commercially unreasonable fees to purportedly collect urine specimens for testing that Dr. Patel referred to RDx.
- South Carolina Laboratory. From August 2019 to December 2021, Dr. Patel allegedly received hundreds of dollars per month in inflated space rental payments in return for ordering laboratory tests from Labtech Diagnostics LLC (Labtech), a clinical laboratory in Anderson, South Carolina. Labtech’s rental payments allegedly were for a commercially unreasonable amount of space and excessive days and time.
“Patients deserve to know that the decisions their health care providers are making are based solely on their medical needs, not on some profit-making scheme,” said U.S Attorney Philip R. Sellinger for the District of New Jersey. “Our office will continue to pursue anyone responsible for actions that have the potential to corrupt the medical decision-making process.”
“This settlement demonstrates the Eastern District of Texas’s firm and continued commitment to pursuing all persons responsible for engaging in kickback schemes that inevitably harm the taxpayers, increase costs to care, and decrease access to health care,” said U.S Attorney Brit Featherston for the Eastern District of Texas. “We remain vigilant in our pursuit to put a stop to those who partake in kickback schemes of this kind and to hold them accountable for the collective harm they caused.”
“Patients should be able to trust that their doctor’s medical recommendation is in their best interest and not influenced by the doctor’s financial gain,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Our office has and will continue to hold accountable those that give and receive illegal kickbacks, both to maintain the public’s trust in the healthcare system and to ensure taxpayer money is properly spent.”
“Health care providers engaging in kickback schemes corrupt the provider-patient relationship and impose hidden costs on the health care system,” said Assistant Special Agent in Charge Susan A. Frisco with the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Alongside our law enforcement partners, our agency is committed to safeguarding the integrity of federal health care programs by holding individuals who unlawfully bill the programs accountable for their actions.”
“Today’s outcome demonstrates the steadfast determination of the Department of Defense (DoD) Office of Inspector General’s Defense Criminal Investigative Service (DCIS) and our investigative partners to root out fraud perpetrated against TRICARE,” said Acting Special Agent in Charge Gregory P. Shilling for the DCIS Southwest Field Office. “DCIS remains focused on protecting and preserving valuable taxpayer dollars by holding those accountable who attempt to defraud the DoD.”
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the Eastern District of Texas, District of New Jersey, and District of South Carolina, with assistance from HHS-OIG and DCIS. To date, the United States has recovered over $32 million relating to conduct involving True Health or MSO kickbacks to physicians in Texas, including False Claims Act settlements with 34 physicians, two health care executives, one office manager, and one laboratory. In addition, the United States has filed a lawsuit under the False Claims Act against former True Health CEO Christopher Grottenthaler and others, which is captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). A defendant who violates the act is liable for three times the amount of the government’s losses plus applicable penalties.
The settlement announced today was handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section), Assistant U.S. Attorney Kruti Dharia for the District of New Jersey, Assistant U.S. Attorneys James Gillingham, Adrian Garcia and Betty Young for the Eastern District of Texas, and Assistant U.S. Attorney Beth C. Warren for the District of South Carolina.
The government’s pursuit of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Physician and Office Manager Agree to Pay More Than $420,000 to Settle Kickback Allegations Involving New Jersey, Texas, and South Carolina LaboratoriesRead the Press Release
NEWARK, N.J. – A Texas doctor and his office manager, who was also his wife, have agreed to pay more than $422,789 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute, U.S. Attorney Philip R. Sellinger announced today.
Vijesh Patel and his wife, Laju Patel, both of Port Neches, Texas, have agreed to pay $422,789 to resolve allegations that they received kickbacks in return for referring patients for laboratory testing. Both have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
“Patients deserve to know that the decisions their health care providers are making are based solely on their medical needs, not on some profit-making scheme,” U.S Attorney Philip R. Sellinger for the District of New Jersey said. “Our office will continue to pursue anyone responsible for actions that have the potential to corrupt the medical decision-making process.”
“Kickbacks can undermine a physician’s medical judgment, result in unnecessary testing, and increase healthcare costs borne by taxpayers,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “We will continue to pursue physicians, laboratories, and others responsible for schemes that violate rules intended to safeguard the integrity of federal healthcare programs.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that the Patels received kickbacks in violation of the Anti-Kickback Statute in return for Vijesh Patel’s referrals to three laboratories:
- Texas Laboratory – From December 2016 to July 2018, Vijesh Patel allegedly received thousands of dollars in payments from a purported management service organization (MSO), Indus MG LLC (Indus), in return for ordering laboratory tests from True Health Diagnostics LLC (True Health), a clinical laboratory in Frisco, Texas. The Indus MSO’s payments to Vijesh Patel allegedly were disguised as investment returns, but in fact were based on, and offered in exchange for, his referrals to True Health.
- New Jersey Laboratory – From August 2018 to August 2021, Vijesh Patel allegedly received thousands of dollars in kickbacks disguised as investment returns from a purported MSO, Avior Group LLC, in return for ordering laboratory tests from RDx Bioscience Inc. (RDx), a clinical laboratory in Kenilworth, New Jersey. RDx allegedly paid remuneration to Vijesh Patel in the form of volume-based commissions paid to an independent contractor recruiter, Corum Group LLC, which used an associated company, Avior, to pay kickbacks to Vijesh Patel and other physicians in return for their referrals. From from December 2018 to August 2022, Laju Patel allegedly received kickbacks from RDx in the form of commercially unreasonable fees to purportedly collect urine specimens for testing that Vijesh Patel referred to RDx.
- South Carolina Laboratory – From August 2019 to December 2021, Vijesh Patel allegedly received hundreds of dollars per month in inflated space rental payments in return for ordering laboratory tests from Labtech Diagnostics LLC (Labtech), a clinical laboratory in Anderson, South Carolina. Labtech’s rental payments allegedly were for a commercially unreasonable amount of space and excessive days and time.
"This settlement demonstrates the Eastern District of Texas’s firm and continued commitment to pursuing all persons responsible for engaging in kickback schemes that inevitably harm the taxpayers, increase costs to care, and decrease access to health care,” said United States Attorney Brit Featherston for the Eastern District of Texas. “We remain vigilant in our pursuit to put a stop to those who partake in kickback schemes of this kind and to hold them accountable for the collective harm they caused.”
“Patients should be able to trust that their doctor’s medical recommendation is in their best interest and not influenced by the doctor’s financial gain,” said United States Attorney Adair F. Boroughs for the District of South Carolina. “Our office has and will continue to hold accountable those that give and receive illegal kickbacks, both to maintain the public’s trust in the healthcare system and to ensure taxpayer money is properly spent.”
“Health care providers engaging in kickback schemes corrupt the provider-patient relationship and impose hidden costs on the health care system,” said Assistant Special Agent in Charge Susan A. Frisco with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Alongside our law enforcement partners, our agency is committed to safeguarding the integrity of federal health care programs by holding individuals who unlawfully bill the programs accountable for their actions.”
“Today’s outcome demonstrates the steadfast determination of the Department of Defense (DoD) Office of Inspector General’s Defense Criminal Investigative Service (DCIS) and our investigative partners to root out fraud perpetrated against TRICARE,” Acting Special Agent in Charge Gregory P. Shilling, DCIS Southwest Field Office said. “DCIS remains focused on protecting and preserving valuable taxpayer dollars by holding those accountable who attempt to defraud the DoD.”
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the Eastern District of Texas, District of New Jersey, and District of South Carolina, with assistance from HHS-OIG and DCIS. To date, the United States has recovered over $32 million relating to conduct involving True Health or MSO kickbacks to physicians in Texas, including False Claims Act settlements with 34 physicians, two health care executives, one office manager, and one laboratory. In addition, the United States has filed a lawsuit under the False Claims Act against former True Health CEO Christopher Grottenthaler and others, which is captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). A defendant who violates the act is liable for three times the amount of the government’s losses plus applicable penalties.
The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit, Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section), Assistant U.S. Attorneys James Gillingham, Adrian Garcia and Betty Young in the U.S. Attorney’s Office for the Eastern District of Texas, and Assistant U.S. Attorney Beth C. Warren in the U.S. Attorney’s Office for the District of South Carolina.
The government’s pursuit of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in the government’s efforts to combat health care fraud is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Physician Charged in $9.5 Million Health Care Fraud ConspiracyRead the Press Release
NASHVILLE, Tenn. – A federal indictment unsealed today charges Benjamin T. Toh, M.D., 68, of Chicago, Illinois, for his role in a more than $9.5 million health care fraud conspiracy, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. Toh was indicted in the Middle District of Tennessee on Monday and arrested by federal agents in Chicago earlier today.
According to the indictment, Toh is a resident of Chicago, Illinois, and a medical doctor, licensed to practice in multiple states, and who operated as a consulting provider to purported telemedicine companies. As an enrolled and participating provider in Medicare, Toh obtained access to Medicare and Medicaid patients through the purported telemedicine companies, and signed orders for cancer genetic testing (“CGx”) in exchange for the payment of kickbacks. Toh signed orders without regard to whether they were medically necessary. Toh was not the treating physician of the patients and he did not conduct an actual telemedicine visit, nor did he follow up with patients on the test results. Toh’s co-conspirators included Advanced Tele-Genetic Counseling (“ATGC”), a telemedicine company based in Kentucky, whose owner, Elizabeth Turner, pleaded guilty last year to a health care fraud conspiracy in the Middle District of Tennessee.
ATGC received kickback payments from marketers in exchange for providing orders signed by doctors, including Toh. The marketers targeted Medicare and Medicaid patients through door-to-door marketing, at senior fairs, at nursing homes, and at other locations, and convinced patients to provide their genetic material via a mouth swab kit. The marketers then provided the swab kits to Crestar Labs, LLC, headquartered in Spring Hill, Tennessee, for CGx testing and in exchange for kickbacks paid by Crestar Labs. Crestar Labs billed Medicare and Medicaid for the tests. The owner of Crestar Labs, Fadel Alshalabi, as well as several marketers, are charged with health care fraud offenses in a separate indictment pending in the Middle District of Tennessee.
Monday’s indictment alleges that during the period of March 2019 through September 2019, Toh and others caused the submission of more than $9.5 million in false and fraudulent claims to Medicare and Medicaid for cancer genetic tests.
If convicted, Toh faces up to 10 years in prison and a $250,000 fine.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah K. Bogni and Robert S. Levine are prosecuting the case.
United States v. Elizabeth Turner is docketed at Criminal Case No. 3:21-cr-00280.
United States v. Fadel Alshalabi, et al. is docketed at Criminal Case No. 3:21-cr-00171. The charges are merely accusations. All defendants are presumed innocent until proven guilty in a court of law.
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Philadelphia Man Pleads Guilty for his Role in a Robbery Spree Targeting Latino Businesses in North Philadelphia One Year AgoRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Omar White-Davis, 28, of Philadelphia, PA, pleaded guilty today to two counts of attempted Hobbs Act robbery, one count of Hobbs Act robbery, and one count of carrying and using a firearm during the commission of a crime of violence. White-Davis and a co-defendant, Acia Moore, 20, also of Philadelphia, were charged by Indictment with these offenses in connection with multiple armed robberies of businesses in the Feltonville and Juniata sections of North Philadelphia, including Café Tinto restaurant on Wyoming Avenue, which was targeted twice in two days.
According to the Indictment, the defendants attempted to rob and did rob a variety of small businesses, both together and separately, stealing approximately $3,100 dollars total between November 21 and December 6, 2021. The incidents detailed are as follows:
- On November 21, 2021: White-Davis attempted to rob the Ariel Grocery, 2000 block of E. Pacific Street;
- On December 1, 2021: Moore robbed the AlMolhem Store, 400 block of E. Wyoming Avenue;
- On December 2, 2021: White-Davis and Moore robbed Café Tinto, 100 block of E. Wyoming Avenue
- On December 4, 2021: Moore returned to Café Tinto approximately 48 hours later and robbed it again;
- On December 6, 2021: Moore robbed the Leslie Mini Market, 4200 block of Bodine Street; and,
- Also on December 6, 2021: approximately an hour later, Moore and White-Davis attempted to rob Hernandez Food and Deli Market, 4500 block of D Street.
After pleading guilty today, White-Davis is set to be sentenced in April 2023 before the Honorable Gerald A. McHugh. Moore is listed for trial on these charges in January 2023. If convicted, Moore faces a maximum possible sentence of life imprisonment, a five-year period of supervised release, and possible fines of over $1,000,000.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Robert E. Eckert.
People's Republic of China Citizen Arrested for StalkingRead the Press Release
BOSTON – A Berklee College of Music student, who is citizen of the People’s Republic of China (PRC), has been arrested and charged with stalking in connection with threatening and harassing communications he allegedly made towards an individual who posted fliers in support of democracy in China.
Xiaolei Wu, 25, was charged with one count of stalking and will make an initial appearance in federal court in Boston this afternoon. Wu has lived in Boston while attending the Berklee College of Music. Wu will appear in federal court in Boston at 3 p.m. this afternoon.
According to the charging documents, on Oct. 22, 2022, an individual posted a flier on or near the Berklee College of Music campus in Boston which said, “Stand with Chinese People,” as well as, “We Want Freedom,” and “We Want Democracy.” It is alleged that, beginning on or about Oct. 22, 2022 and continuing until Oct. 24, 2022, Wu made a series of communications via WeChat, email and Instagram directed towards the victim who posted the flier. Among other things, Wu allegedly said, “Post more, I will chop your bastard hands off,.” He also allegedly told the victim that he had informed the public security agency in China about the victim’s actions and that the public security agency in China would “greet” the victim’s family. It is further alleged that Wu solicited others to find out where the victim was living and publicly posted the victim’s email address in the hopes that others would abuse the victim online.
“The Department of Justice will always defend the right to engage in free speech and political expression. We allege that Mr. Wu’s threatening and harassing behavior was not free speech. Rather, it was an attempt to silence and intimidate the activist’s expressed views dissenting of the PRC,” said United States Attorney Rachael S. Rollins. “We will not tolerate threats, harassment or any other repression attempts against those peacefully promoting their ideas, doing their jobs, or expressing their opinions. Freedom of speech is a constitutional right here in the United States and we will protect and defend it at all costs.”
“Today, the FBI arrested Xiaolei Wu for repeatedly threatening and infringing on the rights of a civic activist who spoke out against the ruling Communist Party of China. We believe Mr. Wu stalked, harassed, and reported the victim’s support for democracy to law enforcement in the People’s Republic of China so it would launch an investigation into the victim and her family. This alleged conduct is incredibly disturbing and goes completely against our country’s democratic values,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “This case also highlight’s the FBI’s ongoing commitment to protecting the exercise of free speech for all citizens and our efforts to bring to justice anyone who tries to infringe on those rights.”
The charge of stalking provides for a sentence up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Timothy H. Kistner of Rollins’ National Security Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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For a translated version of this press release, please see the attachment below.
Pearl River Man Sentenced for Drug TraffickingRead the Press Release
Jackson, Miss. – A Pearl River man was sentenced to 57 months in prison for Conspiracy to Possess with Intent to Distribute Methamphetamine on the Choctaw Indian Reservation, announced U.S. Attorney Darren J. LaMarca and Assistant Special Agent in Charge Kevin Gaddy of the Drug Enforcement Administration’s Mississippi Field Office.
According to court documents, Shaun Dougherty, 37, of the Pearl River Community of the Choctaw Indian Reservation, distributed methamphetamine on the Choctaw Indian Reservation from May 2019 to April 2020.
In July of 2021, a federal grand jury returned an indictment against Dougherty charging him with possession and distribution of methamphetamine on the Choctaw Indian Reservation. On August 31, 2022, Dougherty entered a guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
Dougherty was sentenced to a prison term of 57 months to be followed by five years of supervised release.
The case was investigated by the Choctaw Police Department of the Mississippi Band of Choctaw Indians, the U.S. Department of Interior Bureau of Indian Affairs, and the Drug Enforcement Administration.
The case was prosecuted by Assistant United States Attorney Kevin J. Payne and Special Assistant United States Attorney Brian Burns.
Omaha Man Sentenced for Receipt of Child PornographyRead the Press Release
Acting United States Attorney Steven A. Russell announced that Jose Ramon Cisneros Perez, 22, was sentenced today in federal court in Omaha for receipt and attempted receipt of child pornography. The Honorable Robert F. Rossiter sentenced Cisneros to 96 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Cisneros will serve 15 years of supervised release.
In February 2020, the father of a 10-year-old girl in Kansas City, Missouri, reported to the Kansas City Police Department that his daughter had been communicating with an unknown person online who had asked the girl to send sexually explicit photos of herself. A detective in Kansas City began investigating and, pretending to be the 10-year-old child, engaged in continued conversation with the person online. The suspect requested that the girl send sexually explicit videos of herself. After determining that the suspect’s IP address tied him to a residence in Omaha, Nebraska, the detective referred the case to the Omaha FBI’s Child Exploitation Task Force. Investigators executed a search warrant at the suspect’s residence and made contact with Cisneros, who admitted to engaging in the conversation with the child in Kansas City and admitted to similar conversations with other children online. Forensic examinations of Cisneros’s electronic devices showed images of child pornography stored on the devices.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Kansas City Police Department and the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Omaha Man Sentenced for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Steven Russell announced that Brandon Lanza, Omaha, Nebraska, was sentenced today in federal court in Omaha for distribution of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Lanza to 132 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Lanza will serve 10 years of supervised release.
In September 2019, law enforcement began investigating Cybertip Reports from Discord and Facebook stating that a user had distributed child pornography in chats with other users. The chats included discussions of plans to sexually abuse specific children. The suspect was identified as Lanza and the IP address utilized for the child pornography uploads was associated with Lanza’s apartment in Omaha. The children being discussed were known to Lanza through his personal life. Investigators also observed that the Discord and Facebook user sometimes logged on from an IP address associated with Omaha Public Schools, where Lanza was employed as an IT/Network Administrator.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Olympia, Washington man indicted for hate crimes for arsons at Jehovah’s Witness Kingdom HallsRead the Press Release
Seattle – A 50-year-old Olympia, Washington man was indicted late yesterday by a federal grand jury for three arsons that damaged or destroyed Jehovah’s Witness Kingdom Halls, announce U.S. Attorney Nick Brown. Mikey Diamond Starrett, aka Michael Jason Layes, was charged in a superseding indictment with three counts of damage to religious property, including the use of fire, and three counts of using fire to commit a federal felony. Layes will be arraigned on the indictment next week.
“As DOJ noted this week, we are putting a priority on prosecuting hate crimes,” said U.S. Attorney Brown. “We continue to work closely with our faith communities so that they have the most current information on how to protect places of worship.”
According to the superseding indictment, the defendant allegedly set fire to Jehovah’s Witness Kingdom Halls on three occasions: the Kingdom Hall of Tumwater, Washington on March 19, 2018; the Kingdom Hall of Olympia, Washington on March 19, 2018; and the Kingdom Hall of Olympia, Washington on July 3, 2018. The superseding indictment alleges the defendant defaced, damaged, and destroyed religious real property at the Kingdom Halls because of the religious character of the properties.
Fire destroys Olympia Jehovah's Witness Hall on July 3, 2018“Our criminal investigators have been working tirelessly on these attacks since they began in 2018,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “We hope this indictment helps calm the fears of those in the Pierce and Thurston county areas through the knowledge that Layes is being prosecuted for his alleged crimes.”
Layes was previously charged with one count of damage to religious property, including the use of a dangerous weapon, and one count of use of a firearm during and in relation to a crime of violence, in connection with a shooting that damaged a Jehovah’s Witness Kingdom Hall in Yelm, Washington, on May 15, 2018. The defendant was also previously charged with one count of unlawful possession of an unregistered firearm. Layes has been in federal custody since his arrest on September 8, 2021.
If convicted, the defendant faces a sentence of up to 20 years in prison on each charge of damage to religious property. The defendant faces up to 10 years in prison if convicted on the unlawful possession of an unregistered firearm charge. If convicted, the defendant faces at least 10 years in prison to run consecutive to any sentence imposed for each of the remaining offenses.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) Seattle Field Division, the FBI, the Tumwater, Washington Police Department, and the Olympia, Washington Police Department.
The case is being prosecuted by Assistant United States Attorney Rebecca S. Cohen for the Western District of Washington and Trial Attorney Matthew Tannenbaum for the Justice Department’s Civil Rights Division. Ms. Cohen serves as the Civil Rights Coordinator for the U.S. Attorney’s Office’s Criminal Division.
For more information and resources about DOJ’s work to combat hate crimes, visit www.justice.gov/hatecrimes.
New Orleans Man Violates the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that on December 8, 2022 REGIS GRIMES, age 34, a resident of New Orleans, Louisiana, pled guilty to a one-count indictment, charging him with being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
GRIMES faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000.00, a period of supervised release of up to 3 years, and a mandatory special assessment fee of $100.00.
According to court records, the New Orleans Police Department arrested GRIMES after receiving a call from a concerned citizen who observed an unknown male, later identified as Grimes, sitting on the steps of a church selling drugs. Responding officers observed GRIMES sitting on the steps. After instructing GRIMES to leave, the officers observed GRIMES in possession of a pistol that was concealed in the waistband of his pants. GRIMES is a convicted felon and is prohibited from possessing a firearm. Additionally, during a search incident to his arrest, the officers located individually wrapped plastic bags containing oxycodone, marijuana, heroin, cocaine, and multiple denominations of U.S. currency in GRIMES’s pants.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
New Orleans Man Sentenced to Ten Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS – On December 13, 2022, United States District Judge Greg G. Guidry sentenced RENALDO RUFFIN, age 30, of New Orleans, to ten years in federal prison on each of two violations of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
RUFFIN had previously pled guilty to one count of being a felon in possession of a firearm, and one count of being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). Based on court records, RUFFIN possessed a Glock Model 23, .40 S&W caliber semiautomatic handgun on or about August 30, 2020. Additionally, RUFFIN possessed 5.56 caliber ammunition on January 24, 2022.
Judge Guidry sentenced RUFFIN to the statutory maximum sentence of 10 years of imprisonment on each count, to run concurrently, and ordered that RUFFIN served 3 years of supervised release following his prison sentence. RUFFIN was also ordered to pay $200 in mandatory special assessment fees.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is being investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the Louisiana State Police. Assistant United States Attorney David Haller is in charge of the prosecution.
Nashua Man Pleads Guilty to Drug Trafficking and Firearm ChargesRead the Press Release
CONCORD –Philip Wetmore, 32, of Nashua, pleaded guilty in federal court to drug trafficking and possessing firearms in furtherance of his drug trafficking, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, on two occasions in February 2022, Wetmore sold approximately 81 grams of crystal methamphetamine to an individual who was cooperating with the Federal Bureau of Investigation (“FBI”) at a residence and in a retail store in Nashua, New Hampshire. After the second drug sale, the FBI arrested Wetmore, who had a loaded firearm on his person, as he drove out of the store parking lot. The FBI subsequently executed a search warrant on Wetmore’s vehicle and seized approximately 671 grams of crystal methamphetamine, a second loaded firearm, and other items associated with drug trafficking. Wetmore is legally prohibited from possessing firearms.
Wetmore is scheduled to be sentenced on March 22, 2023.
This matter was investigated by the Federal Bureau of Investigation’s Major Offender Task Force with the assistance of the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Jennifer C. Davis.
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Missouri Man Pleads Guilty to Federal Hate Crime and Arson Charges for Burning Down Islamic CenterRead the Press Release
WASHINGTON – The Justice Department announced today that a Missouri man pled guilty to hate crime and arson violations for burning down the Cape Girardeau Islamic Center (the Center) in Cape Girardeau, Missouri.
According to court documents, on April 24, 2020, which was the first morning of the Islamic holy month of Ramadan, at approximately 4:50 a.m., Nicholas John Proffitt, 44, set fire to the Islamic Center at 298 Northwest End Boulevard, in Cape Girardeau, Missouri. The Center’s video security system showed Proffitt throwing multiple objects through the building’s glass window, causing it to break. Proffitt threw two containers into the Center through the broken window and stepped through the window to enter the Center. He then poured the contents of two gallon-sized containers throughout the foyer and down the hallway. Proffitt lit two fires that immediately spread through the inside of the building. The Islamic Center building suffered severe damage that rendered it unsuitable for use as a religious center. Proffitt admitted that he set the fire to the Islamic Center because of the religious character of the building.
“Attacks on houses of worship, like the Cape Girardeau Islamic Center, strike at the very heart of religious freedom and observance,” said Assistant Attorney Kristen Clarke for the Justice Department’ Civil Rights Division. “The Justice Department will continue to vigorously investigate and prosecute individuals who violently target religious institutions and communities.”
“This is the second time Nicholas Proffitt attacked the Islamic Center in Cape Girardeau, and his third attack against a house of worship,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “He placed the occupants of that building at risk of death or serious injury, and he will be held responsible for his actions with a significant prison sentence.”
“The FBI just released the 2021 statistics on reported hate crime incidents nationwide. In Missouri, incidents reported to law enforcement jumped by almost 70%,” said Special Agent in Charge Jay Greenberg of the FBI St. Louis Division. “The FBI elevated investigating hate crimes as one of the top priorities for the Bureau because of the alarming increases in recent years. As such, the FBI and our law enforcement partners left no stone unturned to bring Nicholas Proffitt and other perpetrators to justice.”
“ATF has a long tradition of fire and arson investigation. In no case is that expertise more critical than a fire such as this,” said Special Agent in Charge Fred Winston of the ATF Kansas City Field Division. “When a house of worship is intentionally damaged by fire, it is not only that congregation that suffers, but the entire community. Religious centers, churches and mosques are often at the center of our neighborhoods, offering sanctuaries of peace and caring to those in need. Today’s guilty plea is a direct result of local, state, and federal law enforcement working together to ensure justice in this unthinkable act.”
Sentencing is scheduled for May 2, 2023. Proffitt faces up to 20 years in prison for damage to religious property and a mandatory minimum of 10 years in prison, consecutive to any other sentence, for using fire to commit a federal felony. Proffitt also faces a fine of up to $250,000 with respect to each charge.
The Cape Girardeau Police Department, the FBI Kansas City Field Office, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Missouri State Fire Marshal’s Office, and the Perryville Police Department investigated the case.
Assistant U.S. Attorney Paul Hahn for the Eastern District of Missouri and Trial Attorney Noah Coakley II of the Civil Rights Division’s Criminal Section prosecuted the case.
For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes.Mexican Man Sentenced for Conspiracy and Transporting Illegal Aliens within the U.S.Read the Press Release
Gulfport, Miss. – A Mexican man was sentenced to 54 months in prison for multiple federal felonies related to smuggling illegal aliens.
Abel Michua-Tototzin, 37, was sentenced on December 13, 2022, to 54 months in prison for conspiracy to bring aliens into the U.S. at a place other than a designated port of entry and conspiracy to unlawfully transport aliens within the U.S. He was also sentenced to 54 months in prison for unlawful transportation of aliens within the U.S, and 24 months in prison for unlawful return of an alien to the U.S. after removal or deportation. All three sentences will run concurrently for a total of 54 months in prison followed by three years of supervised release.
After completing his prison sentence, Michua-Tototzin is subject to Department of Homeland Security proceedings to remove him again from the United States. If he were to unlawfully return after being removed, within his three-year period of supervised release, he would face additional penalties for violation of supervised release in addition to being subject to further felony prosecution.
Michua-Tototzin was previously found guilty of the three felony offenses following a three-day trial before U.S. District Judge Taylor McNeel in Gulfport.
On May 17, 2022, the Border Patrol stopped a vehicle driven by the Michua-Tototzin. He did not have a driver’s license and was found, along with his six passengers, to be illegally present in the U.S. All seven aliens were transported to the Gulfport Border Patrol Station for processing, where Station Special Agents from Homeland Security Investigations joined the case. Michua-Tototzin and his passengers were processed using Homeland Security computer systems in which fingerprints are electronically scanned and matched to prior records. Michua-Tototzin’s identity, as an alien who had returned to the U.S. after deportation or removal, was confirmed, and his six passengers were processed for removal from the U.S.
The case was investigated by the U.S. Border Patrol, Homeland Security Investigations, and the Hancock County Sheriff’s Department.
Assistant U.S. Attorneys Stan Harris and Kathlyn Van Buskirk prosecuted the case.
Methuen Man Sentenced for Fentanyl TraffickingRead the Press Release
BOSTON – A Methuen man was sentenced today in federal court in Boston for his involvement in a fentanyl distribution conspiracy.
Nino De Leon Guzman, a/k/a “Chino,” 31, was sentenced by U.S. District Court Judge Allison D. Burroughs to four years in prison and three years of supervised release. On Aug. 3, 2022, Guzman pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, two counts of distribution of fentanyl, one count of distribution of 40 grams or more of fentanyl and one count of possession with intent to distribute 400 grams or more of fentanyl.
From October 2020 through in or about June 2021, undercover agents purchased fentanyl from De Leon Guzman and his associated drug trafficking organization on nine separate occasions in the Lawrence and Methuen areas. At the time of his arrest on June 23, 2021, De Leon Guzman was found in possession of fentanyl packaged for distribution and the cell phone for fentanyl deals. A subsequent search of De Leon Guzman’s residence in Methuen resulted in the recovery of a kilogram brick of fentanyl, a blender containing multiple bags of fentanyl, a drug ledger, clothing he had worn in prior drug transactions and a sock in a nightstand containing $2,500 cash in drug proceeds.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Member of Money Laundering Operation Pleads Guilty in Connection with $5 Million Online Vehicle Sale ScamRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that Lithuanian national STANISLAV TUNKEVIC pled guilty today in Manhattan federal court to conspiracy to commit bank fraud in connection with a scheme to launder fraud proceeds derived from an online vehicle sale scam that generated at least $5.3 million from dozens of defrauded consumers. TUNKEVIC pled guilty before U.S. District Judge Analisa Torres.
U.S. Attorney Damian Williams said: “Tunkevic and his co-defendants have admitted to getting paid to use fake documents and shell companies to open bank accounts in order to receive criminal proceeds. Without their knowing involvement, online fraudsters would not be able to profit from their illegal schemes. Tunkevic and his co-defendants will now face prison terms and be required to forfeit their ill-gotten gains.”
As alleged in the Complaint and the Indictments and based on statements made in court:
At various times from at least March 2019 through approximately March 2021, TUNKEVIC and co-defendants KAROL KAMINSKI, ARTURAS GILYS, and SVETLANA VAIDOTIENE were Lithuanian nationals who were recruited in Lithuania to travel to New York City in order to participate in a money laundering operation based in Brooklyn. The operation was coordinated in New York City by co-defendant NATALIA KORZHA and also involved her son and co-defendant VLADISLAV NECEAEV. Under the direction of KORZHA, NECEAEV, TUNKEVIC, KAMINSKI, GILYS, VAIDOTIENE, and other co-conspirators opened numerous bank accounts in the name of shell companies for the purpose of laundering money stolen from consumers who were trying to buy vehicles online. In exchange, the defendants received a cut of the victims’ money.
Other members of the conspiracy, pretending to represent car dealerships, advertised vehicles that they did not own and were not authorized to sell on fake websites with domain names that sounded like legitimate car dealerships or through online marketplaces like Craigslist and eBay. Victims who responded to those advertisements and negotiated a purchase price were instructed by the purported sellers to wire payment to accounts that NECEAEV, KAMINSKI, TUNKEVIC, GILYS, VAIDOTIENE, and other co-conspirators opened. Once the payments cleared, the defendants quickly withdrew the funds before the victims realized they had been defrauded. The victims never received the vehicles they thought they had bought or any refunds from the fake sellers. In total, dozens of victims were defrauded of a total of at least $5.3 million.
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TUNKEVIC, 48, of Vilnius, Lithuania, pled guilty to one count of conspiracy to commit bank fraud and agreed to pay forfeiture and restitution in the amount of $405,000. TUNKEVIC is scheduled to be sentenced by Judge Torres on March 15, 2023.
KORZHA, 50, of Brooklyn, New York, pled guilty to one count of conspiracy to commit bank fraud on May 4, 2022. She was sentenced by Judge Torres on September 7, 2022, to 48 months in prison and was ordered to pay forfeiture and restitution in the amount of $5,386,538.
NECEAEV, 29, of Brooklyn, New York, pled guilty to one count of conspiracy to commit bank fraud on March 14, 2022. He was sentenced by Judge Torres on September 7, 2022, to 18 months in prison and was ordered to pay forfeiture and restitution in the amount of $458,300.
KAMINSKI, 32, of Vilnius, Lithuania, pled guilty to one count of conspiracy to commit bank fraud on November 9, 2022, and agreed to pay forfeiture and restitution in the amount of $338,700. KAMINSKI is scheduled to be sentenced by Judge Torres on March 15, 2023.
GILYS, 41, of Vilnius, Lithuania, pled guilty to one count of conspiracy to commit bank fraud on November 15, 2022, and agreed to pay forfeiture and restitution in the amount of $321,700. GILYS is scheduled to be sentenced by Judge Torres on March 15, 2023.
VAIDOTIENE, 55, of Vilnius, Lithuania, pled guilty to one count of conspiracy to commit bank fraud on September 20, 2022, and agreed to pay forfeiture and restitution in the amount of $271,000. VAIDOTIENE is scheduled to be sentenced by Judge Torres on January 18, 2023.
The offense of conspiracy to commit bank fraud carries a maximum sentence of 30 years in prison and a maximum fine of $1,000,000. The crime of conspiracy to commit money laundering carries a maximum sentence of 20 years in prison and a maximum fine of $500,000 or twice the value of the property involved in the transaction.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of Homeland Security Investigations and the New York City Police Department. He also thanked the U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division, the United States Marshals Service, the Prosecutor General’s Office of the Republic of Lithuania, and the Lithuanian Criminal Police Bureau for their assistance in this investigation.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Sarah Lai is in charge of the prosecution.
Maryland Security Guard Convicted of Tax EvasionRead the Press Release
A federal jury convicted a Maryland security guard today of tax evasion.
According to court statements and evidence presented in court, Gaston Gilberto Reyes, of Germantown, did not file income tax returns with the IRS for the years 2015 through 2020. During this period, he did not report more than $1.15 million in total wages from employment at eight different security firms in the Washington, D.C., metropolitan area. Reyes also submitted false Forms W-4 to his employers on which he claimed he was exempt from federal income tax withholding, causing the employers to withhold little or no federal income taxes from his wages. At trial, the evidence established that Reyes did not pay approximately $200,000 in income taxes over the six-year period.
Reyes is scheduled to be sentenced on Feb. 21, 2023. He faces a maximum penalty of five years in prison on each of six charges of tax evasion. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorneys Melissa S. Siskind and George Meggali of the Justice Department’s Tax Division are prosecuting the case.
Maryland Heights Man Admits Sex with 16-Year-Old Runaway He Met OnlineRead the Press Release
ST. LOUIS – A man from Maryland Heights, Missouri on Wednesday admitted engaging in sexual activity with a 16-year-old runaway after they met playing an online game.
Terry E. Kuehnel, 48, pleaded guilty in front of U.S. District Judge Henry E. Autrey to one felony count of coercion and enticement of a minor.
Kuehnel admitted meeting the girl in 2021 while plating an online game. At the time of initial communications, the girl was 15 but initially represented herself to be a young adult.
They began corresponding via text and audio and video communications. At that time, the girl reported that she made Kuehnel aware of her true age of 15 years. During communications, Kuehnel requested pictures of the girl’s genitals.
Kuehnel admitted in his plea that at some point he knew or had reason to know that the girl was a minor and it was not reasonable for him to believe she was older than 16.
On June 5, 2021, ten days after she turned 16, the victim and Kuehnel arranged for her to travel from her home in another state to Missouri, where he met her in a department store parking lot. Kuehnel then brought the victim back to his home where he subjected her to unlawful sexual activity.
After her family reported her missing, law enforcement found the girl at Kuehnel’s home on June 6.
Kuehnel faces a sentence of up to 20 years in prison, a fine of $250,000, or both at his sentencing, scheduled for March 15, 2023.
The case was investigated by the Maryland Heights Police Department. Assistant U.S. Attorney Jillian Anderson is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Marion County man sentenced for his role in a drug conspiracyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Justin Paul Thompson, of Fairmont, West Virginia, was sentenced today to 24 months of incarceration for his role in a drug trafficking conspiracy, United States Attorney William Ihlenfeld announced.
Thompson, 38, pleaded guilty in June 2022 to one count of “Distribution of Methamphetamine in Proximity to a Protected Location.” Thompson admitted to selling methamphetamine near a public housing facility in June 2019 in Marion County.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Three Rivers Drug Task Force and the Fairmont Police Department investigated.
Chief U.S. District Judge Thomas S. Kleeh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/west-virginia-and-detroit-residents-indicted-drug-trafficking-operation
Manhattan Man Sentenced to 120 Months in Prison for Role as Leader of Gun Trafficking ConspiracyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JAMES THOMAS, a/k/a “Spazz,” was sentenced to 120 months in prison for his leadership of a gun trafficking conspiracy that was responsible for the illegal purchase and trafficking of approximately 89 firearms from at least in or around August 2020 up to and including April 2021. THOMAS pled guilty to one count of interstate travel with intent to engage in gun trafficking on May 20, 2022, before U.S. District Judge Sidney H. Stein, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “James Thomas participated in the trafficking of dozens of guns to New York, and some of the guns that he trafficked can directly be tied to violent crimes. Thomas exacerbated the scourge of gun crime in New York, and for that he is rightly facing a lengthy prison sentence.”
According to public filings and statements made in court:
From at least in or around August 2020 up to and including April 2021, the defendants used Georgia-resident DUVAUGHN WILSON, a/k/a “Dupree,” as a straw purchaser to buy at least 87 firearms from at least six federal firearms licensees (“FFLs”) in Georgia. Over the course of the scheme, during which WILSON completed approximately 30 different transactions, WILSON attested that he was the true purchaser of the firearms, when in fact, he was buying the guns on behalf of the defendants, who in turn illegally resold many of the guns to others.
Prior to purchases, the defendants coordinated with WILSON to place orders for specific firearms and pay for the weapons using cash, mobile banking applications, and through wire payments. When communicating about the firearms, the defendants used coded language, referring to the weapons as “tvs,” “knocks,” and “situations.” In some instances, the defendants referred to the caliber or model of a firearm by referencing the jersey numbers of famous athletes.
After purchasing the weapons, WILSON transferred the firearms to defendants JAMES THOMAS, a/k/a “Spazz,” COURTNEY SCHLOSS, a/k/a “Bway” a/k/a “Balenci,” and others who sold some of the guns in Georgia and transported other firearms, primarily by bus, to New York for resale. In many instances, the guns were transferred to members of the Brooklyn-based “Blixky Gang” — a group comprised primarily of aspiring rappers. Some of these guns later appeared in music videos filmed by members of the Blixky Gang. The videos, which include some of the defendants, show Blixky Gang members brandishing loaded firearms and displaying stacks of cash.
On some occasions, law enforcement successfully interdicted firearms being transported by the defendants before they reached New York. For example, in November 2020, law enforcement in South Carolina stopped a bus in Wellford, South Carolina, from which they seized five firearms, four pistol magazines, a high capacity .40 caliber magazine, and a nine-millimeter drum magazine — all of which was being transported by the defendants in a single backpack.
Law enforcement seized other firearms purchased in Georgia by WILSON in New York City. On at least two occasions, in the wake of violent crimes, the New York City Police Department (“NYPD”) seized firearms trafficked to New York as part of this scheme. As alleged, in February 2021, the NYPD seized a gun that WILSON had bought after a fleeing suspect discharged it at responding officers in the Bronx. In April 2021, following a shooting in the Bronx, the NYPD seized another pistol purchased by WILSON.
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In addition to the prison term, THOMAS, of New York, New York, was sentenced to three years of supervised release.
Eight of THOMAS’s co-defendants were previously sentenced in this case. A chart containing the names and imposed sentences is set forth below.
Mr. Williams praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and NYPD, in particular, the Joint Firearms Task Force, which is composed of agents and officers of the ATF and the NYPD.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Ashley C. Nicolas and Matthew J. King are in charge of the prosecution.
Name
Sentence
COURTNEY SCHLOSS, a/k/a “Bway,” a/k/a “Balenci”
120 months in prison; three-year term of supervised release
DUVAUGHN WILSON, a/k/a “Dupree”
48 months in prison; three-year term of supervised release
KEN ALEXANDER, a/k/a “Ryu”
37 months in prison; two-year term of supervised release
ARGAM TAJ, a/k/a “Sour”
60 months in prison; two-year term of supervised release
SAMUEL TAJ, a/k/a “Sosa”
48 months in prison; three-year term of supervised release
CHRISTOPHER MACHADO, a/k/a “Chris Elite”
36 months in prison; two-year term of supervised release
ANTONIO EADDY, a/k/a “Storm”
24 months in prison; three-year term of supervised release
HARLIE RAMOS, a/k/a “White Girl”
18 months in prison; three-year term of supervised release
Man Sentenced to Nearly Four Years in Federal Prison in Cedar Rapids Heroin and Fentanyl ConspiracyRead the Press Release
A man who distributed large quantities of heroin and fentanyl was sentenced on December 7, 2022, to nearly four years federal prison.
Demeco Demon Irvin, age 31, from Minneapolis, Minnesota, received the prison term after a June 2, 2022 guilty plea to one count of conspiracy to distribute heroin.
In a plea agreement, Irvin admitted he sold between 80 and 100 grams of heroin for Brian Dennis during 2020. During a search of Irvin’s residence and vehicle in September 2020, officers found 32 baggies containing a total of 14.86 grams of fentanyl, which Irvin intended to distribute.
Six other individuals, Cody Scott Deklotz, Andrew James Lehman, Ryan Rick Schlitter, Melinda Salvatora Werning, Jerry Dwayne Banghart, and Thomas Nathaniel May previously pled guilty to the heroin conspiracy and have been sentenced. Ryan Rick Schlitter was sentenced to 46 months’ imprisonment. Andrew James Lehman was sentenced to 10 months and 16 days’ imprisonment. Cody Scott Deklotz was sentenced to 84 months’ imprisonment. Melinda Salvatora Werning was sentenced to 12 months’ and one day imprisonment. Jerry Dwayne Banghart was sentenced to 46 months’ imprisonment. Thomas Nathaniel May was sentenced to 31 months’ imprisonment. Three other individuals charged in the same indictment, including Dennis, have pled guilty and are awaiting sentencing.
Irvin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Irvin was sentenced to 46 months’ imprisonment and a three-year term of supervised release after the prison term. There is no parole in the federal system.
Irvin is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Dan Chatham
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21‑CR‑32‑CJW.
Follow us on Twitter @USAO_NDIA.
Man Sentenced to More Than 8 Years in Prison for Illegal Firearm Possession and Attempted MurderRead the Press Release
CHICAGO — A man has been sentenced to more than eight years in federal prison for illegally possessing a firearm and using it to shoot at individuals on Christmas morning in 2019.
Shortly after 11:15 a.m. on Dec. 25, 2019, RASHID JACKSON fired three shots from a semiautomatic handgun at individuals in the middle of a residential street in Chicago’s South Shore neighborhood. CPD officers patrolling the area after the shooting arrested Jackson approximately half a block from the shooting scene.
Jackson, 27, of Chicago, pleaded guilty earlier this year to a charge of illegal possession of a firearm by a convicted felon. Jackson had previously been convicted of multiple felony offenses in state court and was prohibited by federal law from possessing a firearm. U.S. District Judge Virginia M. Kendall on Monday imposed a 100-month prison sentence after finding that Jackson’s actions in the Christmas shooting constituted attempted second-degree murder.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, John S. Morales, Acting Special Agent-in-Charge of the Chicago Field Office of the FBI, and David Brown, Superintendent of the Chicago Police Department. The government was represented by Assistant U.S. Attorney Cornelius A. Vandenberg.
Man Indicted for Making Threats to Arizona State Election OfficialRead the Press Release
A federal grand jury in Phoenix returned an indictment today charging an Ohio man for allegedly sending threatening communications to an election official with the Arizona Secretary of State’s Office.
According to court documents, on or about Aug. 2, Joshua Russell, 44, of Bucyrus, allegedly left the following voicemail for an election official with the Arizona Secretary of State’s Office (Victim‑1): “This message is for traitor [Victim-1’s full name]. You’ve drug your feet, you’ve done nothing, to protect our election for 2020. You’re committing election fraud, you’re starting to do it again, from day one. You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
Additionally, according to the indictment, on or about Sept. 9, Russell allegedly left the following voicemail for Victim-1: “This message is for terrorist [Victim-1’s last name]. The only reason you’re still walking around on this planet is because we’re waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal. And you have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
Finally, according to the indictment, on or about Nov. 15, Russell allegedly left the following voicemail for Victim-1: “This message is for communist, criminal, [Victim-1’s full name]. We will not endure your crimes on America another day. You’ve been busted, over and over again. We will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell is charged with three counts of making a threatening interstate communication and three counts of making a threatening interstate telephone call. He was arrested and made his initial court appearance on Dec. 12. If convicted, Russell faces a maximum penalty of five years in prison for each count of making a threatening interstate communication and two years in prison for each count of making a threatening interstate telephone call. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, and Special Agent in Charge Akil Davis of the FBI Phoenix Field Office made the announcement.
The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cleveland resident agency in Mansfield.
Trial Attorney Tanya Senanayake of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the Task Force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The Task Force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and United States Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the United States Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.
Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: https://www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at: tips.fbi.gov. Complaints submitted will be reviewed by the Task Force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law
Man Accused of Starting Fires in Mark Twain National Forest, Assaulting Forest Service EmployeeRead the Press Release
CAPE GIRARDEAU – A man from Iron County, Missouri has been indicted on charges that accuse him of starting fires in the Mark Twain National Forest in Missouri and assaulting a law enforcement officer.
Lucas G. Henson, 36, appeared in U.S. District Court in Cape Girardeau Wednesday and pleaded not guilty to the charges.
Henson was indicted December 6 on charges of assaulting a law enforcement officer, arson and being a felon in possession of a firearm.
The indictment says Henson assaulted a U.S. Forest Service law enforcement officer on Oct. 23, 2022 in Wayne County, Missouri. On the same date, the indictment says he damaged United States property with fire and possessed a firearm as a convicted felon.
Henson is currently facing charges including robbery, stealing a motor vehicle and resisting arrest in New Madrid Circuit Court related to the same incident. Charging documents in that case, 22NM-CR00930, say he set three fires in Butler and Wayne counties that damaged seven to eight acres of National Forest land and pointed a crossbow at the Forest Service officer.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the U.S. Forest Service, the Butler County Sheriff’s Office, the Wayne County Sheriff’s Office and the Missouri State Highway Patrol. Assistant U.S. Attorney Christopher Shelton is prosecuting the case.
Lummi Nation member sentenced for violating Lacey Act by purchasing more than 7,000 pounds of illegally poached Chinook salmonRead the Press Release
Seattle – The owner of a wholesale fish processor, Native American Fisheries, was sentenced today in U.S. District Court in Seattle to three years of probation for violating the Lacey Act by taking more than 7,000 pounds of illegally caught Columbia River salmon and selling it commercially. Scott Kinley is a member of the Lummi Nation and knew the spring Chinook Columbia fishery was only open to Yakama Nation enrollees who were limited to fishing for subsistence and ceremonial purposes. At the sentencing hearing U.S. District Judge Lauren King noted that Kinley lied when he was stopped and questioned by fisheries officers. “You lied and told them that the fish was for tribal elders. Instead of giving all of that fish to elders or providing it for a funeral or ceremonial purposes… you sold the vast majority of it and made tens of thousands of dollars.”
“These fish were taken at a critical time, when the Yakama Nation and its fisheries partners were trying to boost spring Chinook salmon returns to the Columbia Basin,” said U.S. Attorney Nick Brown. “The high levels taken during this fishery prompted an emergency closure which hurt those tribal members who wanted fish for subsistence or ceremonial purposes.”
Boxes of illegally taken salmonAccording to records filed in the case, Kinley knowingly purchased and sold thousands of pounds of protected salmon that was not available to his competitors. The investigation revealed that Kinley sold the fish for about $11.75 per pound wholesale, while the retail price was $19.99 retail. That places the full retail value of the salmon at $143,088. Judge King ordered that $143,088 in restitution be paid to the Columbia River Intertribal Fish Commission (CRITFC) to fund habitat protection and restoration projects.
“The Columbia River Inter-Tribal Police Department and NOAA's Office of Law Enforcement work collaboratively to protect these endangered species on the Columbia River,” said Greg Busch, Assistant Director of NOAA's Office of Law Enforcement, West Coast Division. “The tribes and the entire region work too hard to protect and restore native salmon and steelhead in the Columbia River Basin to see them harvested and sold illegally.”
The program manager for the Yakama Nation Fisheries Program described the impact of the illegal sale of the poached fish as stealing from future generations. “Illegal commercial sales encourage overharvest which in turn is detrimental to salmon recovery and rebuilding efforts underway. These activities destroy our attempts at a fair system of allocation and can limit legal harvest in a given year. Lastly, the entire reason for limiting harvest is conservation and recovery, that is, to allow enough fish to make it to either spawning grounds or back to the hatcheries to ensure future generations of fish,” Donella Miller wrote in the Yakama victim impact statement.
The case was investigated by the National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement and the Columbia River Inter-Tribal Police Department, with assistance from the Washington Department of Fish and Wildlife.
The case is being prosecuted by Assistant United States Attorney James Oesterle.
Lorain Man Sentenced to More Than 11 Years in Prison for Role in Fentanyl Trafficking ConspiracyRead the Press Release
CLEVELAND – Juan Torres Saez, 39, of Lorain, Ohio, was sentenced on Thursday, Dec. 8, 2022, to more than 11 years in prison – or 135 months – by U.S. District Judge Christopher A. Boyko after Saez pleaded guilty to his role in a conspiracy to possess and distribute fentanyl sent through the United States mail.
According to court documents, on Feb. 11, 2022, law enforcement authorities with the United States Postal Inspection Service (USPIS) obtained and executed search warrants for two packages suspected of containing narcotics. Inside the packages, officers found approximately 2 kilograms – or more than 4 pounds – of fentanyl.
Court documents state that authorities with the USPIS, Drug Enforcement Administration (DEA), Lorain County Drug Task Force, and the Lorain Police Department began an investigation into the origins and destination of the packages and determined that both were intended to be delivered to Saez at an address in Lorain.
Saez was later arrested on Feb. 14, 2022.
Saez pleaded guilty in August 2022 to conspiracy to distribute and possess with intent to distribute controlled substances, attempted possession with intent to distribute controlled substances, and use of a communication facility in the commission of a drug trafficking crime.
This case was investigated by the USPIS, DEA, Lorain County Drug Task Force, and the Lorain Police Department. This case was prosecuted by Assistant U.S. Attorney Robert J. Kolansky.
This case was investigated as part of Operation Synthetic Opioid Surge (S.O.S.)., a joint law enforcement initiative that seeks to reduce the supply of deadly synthetic opioids and to identify wholesale distribution networks and international and domestic suppliers.
Longview, Washington man charged with repeatedly leaving threatening voicemails for members of CongressRead the Press Release
Tacoma – A 48-year-old Longview, Washington, man was arrested this morning on a criminal complaint charging seven counts of making interstate threats, announced U.S. Attorney Nick Brown. Mark Leonetti has allegedly repeatedly called U.S. Senators and members of the House of Representatives and left voicemails threatening bodily harm. Leonetti will appear today in U.S. District Court in Tacoma.
“Making horrific and graphic threats to harm is always unacceptable, and we must always take threats of political violence seriously. In this instance, Mr. Leonetti refused to stop his conduct despite contact with law enforcement and mental health personnel,” said U.S. Attorney Brown. “We acted now because it has become clear it is the only way to safeguard the community and those serving it.”
According to the criminal complaint, in 2021, Leonetti allegedly left more than 400 voicemails for members of Congress, several of which used slurs and were threatening. This pattern of allegedly leaving voicemails for federal elected officials continued despite Leonetti being visited and warned several times by law enforcement and mental health professionals. In early September 2022, he left threatening voicemails in the voicemail box of a congresswoman. Emergency mental health professionals again contacted Leonetti after those calls. In late September and October 2022, Leonetti left additional threatening voicemails for a different senator and a congressman. The most recent voicemails were left on December 5, 2022 and contained bizarre and threatening statements about “murder” and “killing” individuals.
Making interstate threats is punishable by up to 5 years in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI with assistance from the U.S. Capitol Police and the Longview Police Department.
The case is being prosecuted by Assistant United States Attorney Will Dreher.
leonetti_complaint.pdfLong Island Medical Doctor Charged with Illegally Distributing Oxycodone PillsRead the Press Release
Late yesterday, in federal court in Central Islip, an 18-count indictment was returned charging Dr. Roya Jafari-Hassad with illegal distribution of oxycodone and witness tampering. Hassad was arrested this morning and is scheduled to be arraigned this afternoon before United States Magistrate Judge Steven L. Tiscione.
Breon Peace, United States Attorney for the Eastern District of New York, Frank A. Tarentino, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division and Elysia M. Doherty, Assistant Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General’s Office of Investigations, New York Region (HHS-OIG) announced the charges.
“As alleged, the defendant abandoned her medical oath to operate a pill mill in Nassau County, illegally dispensing oxycodone to patients for a cash fee,” stated United States Attorney Breon Peace. “This Office will continue to protect our community from bad actors who flood our streets with dangerous drugs, even if they hide behind their prescription pad.”
“A prescription pad in the wrong hands can be a deadly weapon,” said DEA Special Agent in Charge Frank Tarentino. “The diversion of prescription medication is inexcusable for medical professionals and I applaud the hard work by DEA and our law enforcement partners who brought these charges against Dr. Jafari-Hassad.”
“Health care professionals have a duty to prescribe medication responsibly to ensure the well-being of their patients. Failing to do so puts the health and safety of patients at risk and undermines critical measures to address the opioid epidemic,” said Susan A. Frisco, Acting Special Agent in Charge with the U.S. Department of Health and Human Services, Office of the Inspector General. "HHS-OIG will continue to work with our law enforcement partners to hold accountable bad actors who exploit opioid addiction for personal financial gain.”
Specifically, the investigation has disclosed that Hassad operated a medical office in Great Neck, New York, in which she charged her patients hundreds of dollars in cash in exchange for an illegal monthly oxycodone prescription. These oxycodone prescriptions had no legitimate medical purpose. The cash charge was often in addition to Hassad billing the patient’s insurance for a variety of charges, many relating to procedures that never occurred. It is estimated that Hassad made hundreds of thousands of dollars a year cash solely from the cash payments made by patients to obtain their oxycodone prescriptions.
For example, Hassad prescribed oxycodone to an undercover agent at every visit including the first visit. These visits took place over a year long period and none of the oxycodone prescriptions had a legitimate medical purpose. In addition, after a search warrant was executed at her medical offices, Hassad reached out to patients and attempted to convince them to alter their testimony about their oxycodone prescriptions.
Oxycodone is a scheduled controlled substance that may be dispensed by medical professionals only for a legitimate medical purpose in the usual course of a doctor’s professional practice. It is a powerful and highly addictive drug and is frequently abused because of its potency when crushed into a powder and ingested, leading to a heroin-like euphoria.
The government’s case is being prosecuted by Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor.
The Defendant:
ROYA JAFARI-HASSAD
Age: 56
Bayside, New YorkE.D.N.Y. Docket No. 22-545
Loma Linda Woman Pleads Guilty to Federal Charge for Investment Fraud that Caused More Than $2.6 Million in LossesRead the Press Release
LOS ANGELES – A San Bernardino County woman has pleaded guilty to a federal criminal charge for her involvement in an investment fraud scheme that caused more than $2.6 million in losses to investors, the Justice Department announced today.
Sharief Deona McDowell, 57, of Loma Linda, pleaded guilty Tuesday afternoon to one count of wire fraud.
According to her plea agreement, McDowell defrauded at least 28 investors by falsely representing that she would invest their money in commodity futures and options contracts. In reality, McDowell did not trade with the investors’ money and instead misappropriated the funds for her personal use. McDowell also provided investors with fabricated trade confirmations and account statements to falsely indicate that their investments were generating returns.
In addition, McDowell used money provided by new investors to repay earlier investors – a tactic often used to conceal and prolong Ponzi and other investment fraud schemes. McDowell had a history of defrauding investors and committed this fraud in violation of a prior judicial order.
United States District Judge André Birotte Jr. scheduled a March 10, 2023 sentencing hearing, at which time McDowell will face a statutory maximum sentence of 20 years in federal prison.
The FBI is investigating this case.
Assistant United States Attorney Byron R. Tuyay of the Riverside Branch Office and Trial Attorney Lauren Archer of the Justice Department Criminal Division’s Fraud Section are prosecuting this case.
Lee Man Charged with Distribution of Child Sexual Abuse MaterialsRead the Press Release
CONCORD, N.H. – Joshua Olsen, 30, of Lee, New Hampshire, was charged in federal court with distribution of child sexual abuse materials, United States Attorney Jane E. Young announced today.
Olsen was arrested without incident on Friday, December 9, after investigators executed a search warrant at his residence in Lee. According to court documents and statements made in court, in November, Olsen distributed child pornography to an undercover FBI agent through on-line chat platforms.
Olsen had an initial appearance hearing in federal district court last Friday. At that time, the Court ordered him detained pending a detention hearing that was scheduled for today. At today’s detention hearing the Court ordered Olsen detained pending trial.
This case was investigated by the FBI and the Lee Police Department. It is being prosecuted by Assistant United States Attorney Kasey Weiland.
A complaint is merely an allegation and a defendant is presumed innocent unless and until proven guilty.
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Lebanon Man Indicted on Attempted Child Enticement ChargeRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Mason Morey, age 26, of Lebanon, Pennsylvania, was indicted yesterday by a federal grand jury on a charge of attempted online enticement.
According to United States Attorney Gerard M. Karam, the indictment alleges that between November 28, 2022 and December 8, 2022, in Luzerne County, Morey used the internet to attempt to entice a minor to engage in sexual activity.
The case was investigated by Homeland Security Investigations (HSI). Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit justice.gov/psc.
The maximum penalty under federal law for this offense is lifetime imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Lab Owner Convicted in $463 Million Genetic Testing Scheme to Defraud MedicareRead the Press Release
A federal jury in the Southern District of Florida convicted a Georgia man today for his role in a scheme to defraud Medicare by submitting over $463 million in genetic and other laboratory tests that patients did not need and that were procured through the payment of kickbacks.
According to court documents and evidence presented at trial, Minal Patel, 44, of Atlanta, owned LabSolutions LLC (LabSolutions), a lab enrolled with Medicare that performed sophisticated genetic tests. Patel conspired with patient brokers, telemedicine companies, and call centers to target Medicare beneficiaries with telemarketing calls falsely stating that Medicare covered expensive cancer genetic tests. After the Medicare beneficiaries agreed to take a test, Patel paid kickbacks and bribes to patient brokers to obtain signed doctors’ orders authorizing the tests from telemedicine companies. To conceal the kickbacks, Patel required patient brokers to sign contracts that falsely stated that they were performing legitimate advertising services for LabSolutions.
The telemedicine doctors approved the expensive testing even though they were not treating the beneficiaries and often did not even speak with them. From July 2016 through August 2019, LabSolutions submitted more than $463 million in claims to Medicare, including for medically unnecessary genetic tests, of which Medicare paid over $187 million. In that timeframe, Patel personally received over $21 million in Medicare proceeds.
Patel was convicted of one count of conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, one count of conspiracy to defraud the United States and to pay and receive illegal health care kickbacks, four counts of paying illegal health care kickbacks, and one count of conspiracy to commit money laundering. He is scheduled to be sentenced on March 7, 2023, and faces a maximum penalty of 20 years in prison on the first conspiracy count, 10 years on each health care fraud count, five years on the second conspiracy count, 10 years on each kickback count, and 20 years on the third conspiracy count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI Criminal Investigative Division; Special Agent in Charge Robert M. DeWitt of the FBI Miami Field Office; and Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Jamie de Boer, Emily Gurskis, Reginald Cuyler Jr., and Katherine Rookard of the Criminal Division’s Fraud Section are prosecuting the case.
The case was brought as part of Operation Double Helix, a federal law enforcement action led by the Health Care Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section, focused on fraudulent genetic cancer testing that has resulted in charges against dozens of defendants associated with telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged.
Keshena Man Indicted for Drug and Firearms Offenses on Menominee Indian Reservation.Read the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on December 13, 2022, a federal grand jury returned an indictment charging Peter D. Boyd (age 36), of Keshena, Wisconsin, with controlled substance and firearms offenses on the Menominee Indian Reservation. The indictment charged Boyd with the following counts:
COUNT
CHARGE
PENALTY
One
Possession with Intent to Distribute Methamphetamine, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)
Mandatory minimum sentence of 5 years, up to 40 years in prison.
Two
Possession of a Firearm in Furtherance of Drug Trafficking, 18 U.S.C. § 924(c)
Mandatory minimum consecutive sentence of 5 years, up to life in prison.
Boyd also faces a period of supervised release, possible fines, and a special assessment for each count if convicted.
According to filed court documents, on or about October 15, 2022, Boyd possessed 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and possessed a firearm in furtherance of the intended distribution of the methamphetamine.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier will prosecute.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer [email protected]
414-297-1700
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Kansas Man Indicted for 2019 Child Sexual Assault on Menominee Indian Reservation.Read the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on December 13, 2022, a federal grand jury returned an indictment charging a man with a sexual assault of a child reportedly committed in 2019 on the Menominee Indian Reservation. The indictment named Gerald L. Pamaska, Jr., (age 54) formerly of Keshena and currently residing in Lawrence, Kansas.
The indictment charges Pamaska with Aggravated Sexual Abuse in violation of 18 U.S.C. §§ 2241(c) and 1153(a). If convicted, Pamaska faces a mandatory minimum prison sentence of 30 years and up to life in prison. Pamaska also faces supervised release and potential fines if convicted of the charge.
According to filed court documents, on or about July 25, 2019, Pamaska engaged in a sexual act with a child who was under 12 years of age at a location on the Menominee Indian Reservation.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier will prosecute.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
# # #
Public Information Officer [email protected]
414-297-1700
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Justice Department Seeks to Shut Down Dallas Area Licensor of Tax Preparation BusinessesRead the Press Release
The United States filed a complaint in the U.S. District Court for the Northern District of Texas on Dec. 12 seeking to bar a Dallas-area licensor of tax preparation businesses, and his business, from franchising or licensing the tax preparation business and from assisting in the preparing of federal income tax returns for others.
The complaint alleges that Kevin Murphy, through his tax preparation licensing business Umbrella Financial Services LLC, has had over one hundred licensees in a dozen states across the country. The complaint contends that some Umbrella Financial Services licensees have engaged in misconduct by preparing tax returns for customers, which report fictitious businesses, inflate business expenses for legitimate businesses, claim improper education credits, and report false income in order to claim inflated tax credits. The complaint also alleges that Umbrella Financial Services improperly shared Electronic Filing Identification Numbers and that some preparers associated with Umbrella Financial Services did not use a properly assigned Preparer Tax Identification Numbers.
The complaint also seeks an injunction against Ashley Fisher to bar her from preparing tax returns for others. As alleged in the complaint, Fisher is Umbrella Financial Services’ Chief Knowledge Officer and also owns an Umbrella-licensed tax preparation business.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
Justice Department Secures Settlement with New Jersey IT Recruiting Firm to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Secureapp Technologies LLC (Secureapp), a New Jersey IT recruiting and labor staffing company. The settlement resolves the department’s determination that Secureapp violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements that solicited applications only from non-U.S. citizens who sought temporary work visa sponsorship or who had immigration statuses associated with certain employment-based temporary visas.
“When employers invite applications only from candidates with specified immigration statuses, they deter individuals from applying and deny them a fair chance to be considered,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to knocking down these unlawful discriminatory barriers.”
The department’s investigation determined that starting in January 2019 and continuing for more than a year, Secureapp posted at least 12 facially discriminatory job advertisements that sought only non-U.S. citizens seeking sponsorship to work or who already possessed an employment-based visa. In so doing, Secureapp deterred U.S. citizens and other workers with permission to work in the United States without sponsorship (including asylees, refugees and lawful permanent residents) from applying to the job advertisements and receiving fair consideration for the employment opportunities. The INA’s anti-discrimination provision generally prohibits employers from recruiting or refusing to hire workers based on their citizenship or immigration status.
Under the settlement, Secureapp will pay $26,000 in civil penalties to the United States. The agreement also requires Secureapp to train its recruiters on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid citizenship status discrimination on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Secures Landmark Agreement with Hesperia and Sheriff’s Department to End ‘Crime-Free’ Rental Housing ProgramRead the Press Release
LOS ANGELES – The Justice Department announced today it has secured a landmark agreement to resolve a race and national origin discrimination lawsuit against the City of Hesperia and the San Bernardino County Sheriff’s Department that alleged the defendants engaged in a pattern or practice of discrimination against Black and Latino individuals and communities in Hesperia through the adoption and enforcement of a so-called “crime-free” rental housing program.
This is the Justice Department’s first resolution requiring the complete end of a “crime-free” rental housing program.
“The Justice Department is committed to ensuring housing policies do not discriminate against individuals based on their race, including so-called ‘crime-free’ programs,” said Associate Attorney General Vanita Gupta. “In addition to promoting fair access to housing, today’s resolution will protect individuals who call for emergency or law enforcement assistance from retaliation.”
“The right to fair housing is fundamental and should not be infringed,” said U.S. Attorney Martin Estrada. “This important settlement with Hesperia prevents the so-called ‘crime-free’ program from devastating individuals and families with the emotional upheaval and financial hardship that accompanies evictions that occur with little notice. Today’s agreement and consent order will bring real change to Hesperia and beyond.”
“So-called ‘crime-free’ ordinances are often fueled by racially discriminatory objectives, destabilize communities and promote modern-day racial segregation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These ordinances can uproot lives, force families into homelessness and result in loss of jobs, schooling, and opportunities for people who are disproportionately low-income people of color. ‘Crime-free’ ordinances may also constitute a discriminatory solution in search of a problem and run afoul of the core goals underlying the Fair Housing Act. As this settlement makes clear, the Justice Department will continue to fight discriminatory and unlawful ‘crime-free’ ordinances across the country and work to ensure that everyone has fair and equal access to housing.”
“Discriminatory housing policies based on race and national origin, including those sanctioned and implemented by local governments, have no place in our society,” said Principal Deputy Assistant Secretary Demetria L. McCain of the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity. “This agreement sends a strong message that HUD and DOJ will continue to work together to vigorously enforce our nation’s fair housing laws.”
The United States’ Lawsuit
The department’s lawsuit, filed in 2019 based on an investigation by HUD, alleged that the City of Hesperia, with substantial support from the sheriff’s department, enacted a “crime-free” program with the intent of addressing what one city councilmember called a “demographical problem” – Hesperia’s increasing Black and Latin population.
The program required all rental property owners to evict tenants upon notice by the sheriff’s department that the tenants had engaged in any alleged “criminal activity” on or near the property – regardless of whether those allegations resulted in an arrest, charge or conviction. In addition, the program encouraged housing providers to evict entire families when only one household member engaged in purported criminal activity and even notified landlords to evict survivors of domestic violence. It also required all landlords to screen potential tenants through the sheriff’s department, which would notify landlords whether the applicant had “violated” the rules of the program in the past. The City of Hesperia also later passed an ordinance relating to business licenses for rental housing properties that made registration in the “crime-free” program mandatory and imposed excessive fees.
The department’s complaint relied in part on analysis conducted by HUD, which showed that Black renters were almost four times more likely, and Latino renters 29 percent more likely, to be evicted under the program than white renters. HUD’s analysis also showed that over 96 percent of individuals and households evicted under the “crime-free” ordinance lived in majority-minority Census blocks, even though only 79 percent of rental households in Hesperia live in such blocks.
The department’s lawsuit alleged that hundreds of people were targeted under Hesperia’s “crime-free” ordinance.
The program had real and devastating impacts on families across the City of Hesperia:
- For example, a Black woman living in Hesperia called the police repeatedly to come to her home because she did not feel safe with her boyfriend. The sheriff’s department notified her landlord about the numerous domestic disturbance calls and threatened the landlord with a misdemeanor. The landlord then forced the woman and her children out of their home. With nowhere to go, the family moved into a motel and attempted to rent another home in Hesperia, but the applications were repeatedly denied. Unable to rent another home for her family in Hesperia, she was forced to uproot her life, leave a house full of furniture behind, and move across the country.
- The program also impacted a Latina woman living in Hesperia who called the police to get assistance for her boyfriend, who was experiencing a mental health crisis at her home. When the sheriff’s department arrived before the paramedics, her boyfriend was arrested. The woman then received a notice to vacate based on the supposed violation of the ordinance, and she was forced to temporarily move into a motel.
- One Black family was torn apart after a mother’s call to the police for help got them kicked out of their home and placed on the violators list, making it impossible to find another rental in Hesperia. The parents moved away and made the impossible decision to leave their teenage daughter behind to finish high school.
The Consent Order
As part of the resolution of this case, Hesperia already has repealed its “crime-free” ordinance, modified the rental housing business license ordinance, and reduced the fees associated with rental housing business licenses. The sheriff’s department also has agreed to stop enforcement of Hesperia’s “crime-free” program.
Under the proposed consent order, which was filed today but still must be approved by a federal judge, the defendants will spend $950,000 and commit to significant injunctive relief to remedy the effects of the “crime-free” and business license programs, including: a settlement fund of $670,000 to compensate individuals harmed by the program; the payment of $100,000 in civil penalties; funding of $95,000 for affirmative marketing to promote fair housing in Hesperia; funding of $85,000 for partnerships with community-based organizations; notifications to property managers, landlords, and owners of the changes to the ordinances and fee schedule; submission of certain policies, procedures and ordinances for the United States’ review and approval prior to adoption; adoption of non-discrimination policies and complaint procedures; designation of civil rights coordinators; anti-discrimination training; a fair housing needs assessment; and regular reporting to the court and the United States during the order’s five-year term.
Individuals who believe they were harmed by Hesperia’s “crime-free” program may be entitled to compensation under the settlement fund and should contact the Justice Department at [email protected] or 1-833-223-1571.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the ground of race, color, or national origin in programs and activities receiving federal financial assistance.
Assistant United States Attorney Katherine Hikida of the Civil Division’s Civil Rights Section and attorneys from the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division handled this matter.
Individuals in the seven counties of the Central District of California may report housing discrimination by contacting the United States Attorney’s Office at (213) 894-2879 or emailing [email protected].
Justice Department Secures Landmark Agreement with City and Police Department Ending “Crime-Free” Rental Housing Program in Hesperia, CaliforniaRead the Press Release
The Justice Department announced today it has secured a landmark agreement to resolve a race and national origin discrimination lawsuit against the City of Hesperia, California, and the San Bernardino County Sheriff’s Department. The department’s lawsuit alleged that the City and Sheriff’s Department engaged in a pattern or practice of discrimination against Black and Latinx individuals and communities in Hesperia, in violation of the Fair Housing Act and Title VI of the Civil Rights Act of 1964, through the adoption and enforcement of a so-called “crime-free” rental housing program. This is the Justice Department’s first resolution requiring the complete end of a “crime-free” rental housing program.
“The Justice Department is committed to ensuring housing policies do not discriminate against individuals based on their race, including so-called ‘crime-free’ programs,” said Associate Attorney General Vanita Gupta. “In addition to promoting fair access to housing, today’s resolution will protect individuals who call for emergency or law enforcement assistance from retaliation.”
“So-called ‘crime-free’ ordinances are often fueled by racially discriminatory objectives, destabilize communities and promote modern-day racial segregation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These ordinances can uproot lives, force families into homelessness and result in loss of jobs, schooling and opportunities for people who are disproportionately low-income people of color. ‘Crime-free’ ordinances may also constitute a discriminatory solution in search of a problem and run afoul of the core goals underlying the Fair Housing Act. As this settlement makes clear, the Justice Department will continue to fight discriminatory and unlawful ‘crime-free’ ordinances across the country and work to ensure that everyone has fair and equal access to housing.”
“The right to fair housing is fundamental and should not be infringed,” said U.S. Attorney Martin Estrada for the Central District of California. “This important settlement with Hesperia prevents the so-called ‘crime-free’ program from devastating individuals and families with the emotional upheaval and financial hardship that accompanies evictions that occur with little notice. Today’s agreement and consent order will bring real change to Hesperia and beyond.”
“Discriminatory housing policies based on race and national origin, including those sanctioned and implemented by local governments, have no place in our society,” said Principal Deputy Assistant Secretary Demetria L. McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “This agreement sends a strong message that HUD and DOJ will continue to work together to vigorously enforce our nation’s fair housing laws.”
United States’ Lawsuit
The department’s lawsuit, filed in 2019 based on an investigation by HUD, alleged that the City of Hesperia, with substantial support from the Sheriff’s Department, enacted a “crime-free” program with the intent of addressing what one City Councilmember called a “demographical problem:” Hesperia’s increasing Black and Latinx population.
The program required all rental property owners to evict tenants upon notice by the Sheriff’s Department that the tenants had engaged in any alleged “criminal activity” on or near the property — regardless of whether those allegations resulted in an arrest, charge, or conviction. In addition, the program encouraged housing providers to evict entire families when only one household member engaged in purported criminal activity and even notified landlords to evict survivors of domestic violence. It also required all landlords to screen potential tenants through the Sheriff’s Department, which would notify landlords whether the applicant had “violated” the rules of the program in the past. The City of Hesperia also later passed an ordinance relating to business licenses for rental housing properties that made registration in the “crime-free” program mandatory and imposed excessive fees.
The department’s complaint relied in part on analysis conducted by HUD, which showed that Black renters were almost four times more likely, and Latinx renters 29% more likely, to be evicted under the program than white renters. HUD’s analysis also showed that over 96% of individuals and households evicted under the “crime-free” ordinance lived in majority-minority Census blocks, even though only 79% of rental households in Hesperia live in such blocks.
The department’s lawsuit alleged that hundreds of people were targeted under Hesperia’s “crime-free” ordinance.
The program had real and devastating impacts on families across the City of Hesperia:
- For example, a Black woman living in Hesperia called the police repeatedly to come to her home because she did not feel safe with her boyfriend. The Sheriff’s Department notified her landlord about the numerous domestic disturbance calls and threatened the landlord with a misdemeanor. The landlord then forced the woman and her children out of their home. With nowhere to go, the family moved into a motel and attempted to rent another home in Hesperia, but the applications were repeatedly denied. Unable to rent another home for her family in Hesperia, she was forced to uproot her life, leave a house full of furniture behind and move across the country.
- The program also impacted a Latina woman living in Hesperia who called the police to get assistance for her boyfriend, who was experiencing a mental health crisis at her home. When the Sheriff’s Department arrived before the paramedics, her boyfriend was arrested. The woman then received a notice to vacate based on the supposed violation of the ordinance, and she was forced to temporarily move into a motel.
- One Black family was torn apart after a mother’s call to the police for help got them kicked out of their home and placed on the violators list, making it impossible to find another rental in Hesperia. The parents moved away and made the impossible decision to leave their teenage daughter behind to finish high school.
Consent Order
As part of the resolution of this case, Hesperia already has repealed its “crime-free” ordinance, modified the rental housing business license ordinance, and reduced the fees associated with rental housing business licenses. The Sheriff’s Department also has agreed to stop enforcement of Hesperia’s “crime-free” program.
Under the proposed consent order, which still must be approved by the U.S. District Court for the Central District of California, the defendants will spend $950,000 and commit to significant injunctive relief to remedy the effects of the “crime-free” and business license programs, including: a settlement fund of $670,000 to compensate individuals harmed by the program; the payment of $100,000 in civil penalties; funding of $95,000 for affirmative marketing to promote fair housing in Hesperia; funding of $85,000 for partnerships with community-based organizations; notifications to property managers, landlords and owners of the changes to the ordinances and fee schedule; submission of certain policies, procedures and ordinances for the United States’ review and approval prior to adoption; adoption of non-discrimination policies and complaint procedures; designation of civil rights coordinators; anti-discrimination training; a fair housing needs assessment; and regular reporting to the court and the United States during the order’s five-year term.
Individuals who believe they were harmed by Hesperia’s “crime-free” program may be entitled to compensation under the settlement fund and should contact the Justice Department at [email protected] or 1-833-223-1571.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the ground of race, color, or national origin in programs and activities receiving federal financial assistance. More information about the Civil Rights Division and the civil rights laws it enforces is available online at https://www.justice.gov/crt. Individuals may report housing discrimination by submitting a report online at https://civilrights.justice.gov, calling the Justice Department at 1-833-591-0291, or emailing [email protected]. Individuals may also report discrimination by contacting HUD at 1-800-669-9777, or by filing a complaint online at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
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Jury Finds Sioux City Man Guilty of Meth ChargesRead the Press Release
A man who conspired to distribute methamphetamine and possessed with intent to distribute methamphetamine was convicted by a jury on December 13, 2022, after a two-day trial in federal court in Sioux City.
Kenneth John David Schneiders, 34, from Sioux City, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine all within 1,000 feet of a protected location, namely the Sioux City Alternative School and Opportunities School, each located in the Boys and Girls Home in Sioux City, Iowa.
The evidence at trial showed that Schneiders was communicating with others for the sale of methamphetamine on December 2, 2019. Law enforcement was made aware of the discussions through a confidential source, and ultimately located Schneiders at the Boys and Girls Home parking lot with approximately 2 ounces of methamphetamine.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Schneiders was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Schneiders faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $10,000,000 fine, and at least eight years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4032.
Follow us on Twitter @USAO_NDIA.
Jackson Gang Member Sentenced to 57 Months in Prison for Possession of Firearm Linked to Multiple ShootingsRead the Press Release
DETROIT – A violent gang member and three-time convicted felon from Jackson, Michigan was sentenced to 57 months in prison today for being a felon in possession of a firearm, United States Attorney Dawn N. Ison announced.
Ison was joined in the announcement by Craig Kailimai, Assistant Special Agent in Charge of the Detroit Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Jackson County Sheriff Gary Schuette.
United States District Court Judge Laurie J. Michelson sentenced Maurice Charvake Knighten, 24, of Jackson, Michigan, following his guilty plea to felon in possession of a firearm.
According to court records, Knighten was arrested on November 18, 2021 by the Jackson County Sheriff’s Office after the firearm was found during a traffic stop. The ATF then tested the firearm and ballistically linked the firearm to four prior shooting incidents. Three of the shooting incidents were in Jackson.
“The gun seized in this investigation will no longer be used to terrorize this community. My office is committed to removing violent offenders using guns from the streets.” said U.S. Attorney Ison.
“Knighten is a known member of a violent and vicious criminal gang. Today’s sentencing is an important component to the reduction in violent firearms related crimes,” said, Assistant Special Agent in Charge Craig Kailimai, “We are proud of the collaborative efforts of the U.S. Attorney’s office, along with our federal, state, and local partners in getting violent repeat offenders off our streets.”
“Jackson County is a safer place today! That’s because admitted gang member, and multi-convicted felon, Maurice Knighten has been sentenced to federal prison,” said Sheriff Schuette. “On November 18, 2021, Deputy Codi Barlond arrested Knighten in possession of a handgun. Ballistics have shown the handgun to be linked to three shootings in Jackson and one shooting in Lansing. All of these shootings were cowardice “drive-by” style shootings, typical of gang members, which threaten lives and spread fear throughout the community. Through an excellent police investigation, and assistance from the United States Attorney’s Office, Knighten’s reign of cowardice intimidation has come to a close. I deeply appreciate the partnership the Jackson County Sheriff’s Office has with the United States Attorney’s Office in bringing this violent criminal to justice.”
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case was investigated by special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jackson County Sheriff’s Department, Michigan State Police, the City of Jackson Police Department, and the Drug Enforcement Administration, and is being prosecuted by Assistant United States Attorneys Andrew R. Picek and Matthew Roth.
Insider at Major Financial Services Organization and Retired Financial Professional Charged with Multimillion Dollar Front-Running SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that LAWRENCE BILLIMEK, a trader at a major financial services organization (the “Employer’), and ALAN WILLIAMS, a retired financial professional and active day-trader, were charged in an indictment in Manhattan federal court with securities fraud and wire fraud in connection with an extensive insider trading scheme, in which they stole confidential information about the trade orders of the Employer in order to conduct over a thousand timely, profitable securities trades in the same stocks as the Employer. BILLIMEK attempted to hide his conduct by using prepaid, unregistered “burner” phones, and WILLIAMS sent millions of dollars back to BILLIMEK for sharing the confidential information. BILLIMEK was arrested today in the Western District of Texas and WILLIAMS was arrested in the District of Oregon.
U.S. Attorney Damian Williams said: “By stealing confidential trade information from a major financial services organization, Lawrence Billimek betrayed the trust and confidence of his employer and schemed with Alan Williams to make tens of millions of dollars of illegal profit. Billimek and Williams tried to cover their tracks by using burner phones and secret payments, but their scheme has now been laid bare.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, the defendants engaged in a years-long scheme in which Mr. Billimek obtained information regarding his employer’s intent to make relatively large trades in certain stocks. In turn, this allowed Mr. Williams to trade in the same stocks in advance and realize substantial ill-gotten profits. These types of insider-trading schemes satisfy the greedy ambitions of nefarious actors at the expense of average investors. The FBI remains steadfast in our efforts to ensure our financial markets are a level playing field for all by bringing to justice those who would seek to illegally exploit them.”
As alleged in the Indictment unsealed today in Manhattan federal court:[1]
LAWRENCE BILLIMEK has been employed at the Employer since approximately 2012. The Employer is a major financial services organization that provides asset management services with over $200 billion in assets. ALAN WILLIAMS spent years working as a trader in the financial services industry. WILLIAMS is currently retired but is an active day-trader.
The Front Running Scheme
Based on his position as a trader at the Employer, BILLIMEK had access to the trade information and trade orders of the Employer. Like most large asset managers, the Employer had rules and regulations concerning employees’ personal trading, including requirements about the confidentiality of client information and prohibitions against insider trading and personal trading in the same securities as the Employer. Because of the size of the Employer’s trade orders, trades by the Employer often caused temporary movements in the price of the securities they traded. For example, if the Employer engaged in a large purchase of stock, the increased demand could cause a rise in the stock price, and if the Employer engaged in a large sale of stock, the increased supply could cause a drop in the stock price. Because BILLIMEK had access to the Employer’s trade orders, he knew in advance when a particular stock price would move up or down based on that trading.
WILLIAMS was an active day trader through at least two retail brokerage accounts. From at least 2016 through 2022, after obtaining information about the Employer’s upcoming trading activity from BILLIMEK, WILLIAMS bought or sold the same securities that the Employer would be buying or selling in order to profit through the subsequent movement of the stock that would occur along with the Employer’s trading. WILLIAMS would then exit those positions once the Employer’s trading was underway or complete, often within minutes. For example, if WILLIAMS learned from BILLIMEK that the Employer would be buying a particular stock, WILLIAMS purchased that stock beforehand. Then, as the Employer made relatively large purchases, the stock price would increase and WILLIAMS would sell those same stock, on the same day, at a profit.
BILLIMEK and WILLIAMS engaged in these front-running trades on at least over a thousand occasions between 2016 and 2022. In order to hide their communication throughout the scheme, BILLIMEK used prepaid, unregistered “burner” phones to provide confidential information as well as trading instructions to WILLIAMS. In total, WILLIAMS’ trading based on the confidential trade information from BILLIMEK generated tens of millions of dollars in profits, and WILLIAMS shared millions of dollars of those profits with BILLIMEK through checks and wire transfers. At times, BILLIMEK also provided false and misleading information to financial institutions about the purpose and nature of those transfers, including referring to them as gifts.
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LAWRENCE BILLIMEK, 51, of Hailey, Idaho, and ALAN WILLIAMS, 77, of West Linn, Oregon, are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud, which carry a total maximum sentence of 45 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the work of the FBI. Mr. Williams further thanked the Office of United States Securities and Exchange Commission for their cooperation and assistance in this investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Jason Richman and Daniel Tracer are in charge of the prosecution.
The allegations contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Indiana Man Sentenced to Two and a Half Years in Federal Prison for Conspiring to “Straw Purchase” Firearm Used to Fatally Shoot Chicago Police Officer Ella FrenchRead the Press Release
CHICAGO — An Indiana man was sentenced today to two and a half years in federal prison for conspiring to “straw purchase” a handgun that was later used to fatally shoot Chicago Police Officer Ella French and seriously wound her partner.
JAMEL DANZY purchased the semiautomatic handgun at a federal firearms dealer in Hammond, Ind., on March 18, 2021, and falsely certified on the required forms that he was the actual buyer. Danzy bought the gun at the request of an individual whom Danzy knew resided in Illinois and was not lawfully allowed to purchase a firearm due to a felony criminal conviction. Danzy provided the firearm to the Illinois resident shortly after the purchase.
Officer French and her partner were shot on Aug. 7, 2021, during a traffic stop of a vehicle on the South Side of Chicago. The handgun purchased by Danzy was recovered by law enforcement at the scene of the shooting.
Danzy, 30, of Hammond, Ind., pleaded guilty earlier this year to a charge of conspiracy to violate federal firearm laws, including knowingly transferring and giving a firearm to an out-of-state resident, knowingly making a false written statement to acquire a firearm, and knowingly disposing of a firearm to a convicted felon.
U.S. District Judge Robert W. Gettleman imposed the 30-month sentence after a hearing in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey L. Matthews, Acting Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. The government was represented by Assistant U.S. Attorney Prashant Kolluri.
“The tragic consequences of August 7, 2021, provide a vivid example of how putting guns into the wrong hands enables the violence that follows,” said U.S. Attorney Lausch. “The passionate and thoughtful victim impact statements presented at today’s sentencing hearing demonstrate the compelling need for stiff prison sentences to deter this conduct. Straw purchasing is not a victimless crime. Deterrence requires enforcement, and our office will continue to use every available federal tool to prosecute straw purchasers and hold them accountable.”
“This tragedy would have been avoided had the defendant not purchased a firearm on behalf of someone who cannot lawfully possess one,” said ATF Acting SAC Matthews. “Investigating trafficking schemes such as straw purchasing will remain a priority for our agents, who partner every day with the Chicago Police Department to ensure illegal firearms are removed from our community.”
Disrupting illegal firearms trafficking is a centerpiece of the Chicago Firearms Trafficking Strike Force, the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago Strike Force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Houston Resident Sentenced After Pleading Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – ALEJANDRO MUNOZ, age 47, a resident of Houston, Texas, was sentenced on December 8, 2022 by U.S. District Judge Eldon E. Fallon to a term of twenty (20) months’ imprisonment followed by a term of three (3) years’ supervised release and a 100.00 mandatory special assessment fee after pleading guilty to a one-count indictment that charged him with conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin and five kilograms or more of cocaine hydrochloride, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846, announced U.S. Attorney Duane A. Evans.
According to court documents, beginning in October of 2014, Special Agents with the Drug Enforcement Administration, through an investigation, identified MUNOZ as a supplier of heroin and cocaine hydrochloride to customers in Houston, Texas and New Orleans.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Drug Enforcement Administration offices in New Orleans, Louisiana and Houston, Texas, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Orleans Police Department, and the Jefferson Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney André Jones.